With the deepening of global economic integration, cross-border business cooperation is becoming more and more frequent. In this context, the notarization and certification of the company's entity qualification has become an indispensable part of international business. For U.S. companies in particular, when doing business in China, they must complete a series of notarization and authentication procedures to ensure the legitimacy and validity of their legal documents. This article will focus on the detailed process of notarization and apostille of the legal entity qualification of a U.S. company.
I. Background Overview
On 8 March 2023, China formally acceded to the Convention on the Abolition of the Requirement for the Legalization of Foreign Public Documents (the "Convention"). This important move greatly simplifies the authentication process for foreign official documents used in China. For U.S. companies in particular, the Convention will come into force between China and the U.S. on November 7, 2023. This means that public documents issued by the United States within the scope of the Convention can be used directly in Chinese mainland without the cumbersome consular legalization of the United States and Chinese embassies and consulates in the United States as long as they apply for a U.S. additional certificate (i.e., apostille).
2. Required materials
Before applying for the notarization of the qualification of the U.S. company entity and the certification of the additional certificate, the following materials need to be prepared:
U.S. Corporate Paperwork: This usually includes key documents such as the company's certificate of incorporation, articles of association, register of shareholders, board resolutions, etc.
Scanned copy of the Register of Directors: The Register of Directors is essential as proof of the company's management.
3. Handling process
The process of notarization of the qualification of the U.S. company entity and the certification of the additional certificate is mainly divided into the following two steps:
Notarization by a U.S. notary public: First, the documents submitted by the company are notarized by a qualified notary public in the United States. The notary will verify the authenticity, legitimacy and validity of the documents and affix a notarized seal to the documents.
Secretary of State Apostille Additional Certificate: Once notarized, the document must be submitted to the Secretary of State's office in each U.S. state for apostille. The Secretary of State will reconfirm the notarization by the notary public and attach an apostille to the document. This step is key to ensuring that the document is widely accepted internationally.
Fourth, the time required
Under normal circumstances, the whole process of notarization and certification of additional certificates of U.S. company entities takes about 5 working days. However, if there is an urgent need, you can choose the urgent service, which shortens the processing time to about 2 working days.
5. Summary
With China's accession to the Convention on the Abolition of the Legalization of Foreign Public Documents, the notarization and authentication process for U.S. companies doing business in China has been greatly simplified. By understanding and following the above processes, U.S. companies can complete the relevant procedures more efficiently and ensure their smooth operation in the Chinese market.