With the increasingly close economic and trade cooperation between China and Australia, more and more Australian companies have begun to set foot in the Chinese market. However, in business dealings, it is inevitable that some disputes will arise that need to be resolved through litigation in Chinese courts. For Australian companies, there are a series of legal requirements that must be met in order to file a lawsuit in a Chinese court, the most critical of which is to provide notarized apostille copies of Australian company documents.
1. The importance of apostille of Australian company documents
When litigating in a Chinese court, the court needs to confirm the subject qualification of the Australian company and the authenticity and legitimacy of the relevant documents. This requires Australian companies to provide notarized and apostilled documents. Apostille is an internationally recognized method of document authentication, which has legal effect and can be widely accepted and recognized internationally. Documents that have passed the apostille will have higher credibility and legal effect when used in Chinese courts, which will help Australian companies better protect their rights and interests.
2. The type of document that needs to be apostilled
When an Australian company is involved in a lawsuit before a Chinese court, it is usually required to provide notarized apostille copies of the following documents:
Australian Company Entity Qualification (Certificate of Incorporation): Prove the legal existence and operation qualification of the Australian company in its place of incorporation;
Registered paper bizfile: contains the details of the Australian company, such as shareholders, directors, etc., which is an important basis for confirming the company's structure and ownership;
Certificate of Legal Representative: used to prove the identity and terms of reference of the legal representative of the Australian company;
Power of Attorney (POA): If the Australian company has appointed a Chinese lawyer** to litigate, then this power of attorney is essential.
3. The process of apostille
Apostille of Australian company instruments is required in the following two steps:
Australian notary notarization: First, the local Australian notary will verify the document, confirm its authenticity and legitimacy, and affix the notarization seal to the document;
Apostille (apostille) issued by Australia***: The notarized documents need to be sent to Australia *** for apostille. The apostille further confirms the authenticity and validity of the notarial seal on the document, and provides a legal guarantee for the use of the document on an international scale.
Fourth, time and efficiency
The entire notarization and apostille process takes about 5-8 working days. In order to ensure the smooth progress of the litigation process, the Australian company should plan the time in advance and arrange the certification of documents reasonably.