Meaning
Certification of documents by a state authorized notary office in the People’s Republic of China provides the primary evidence for the authenticity of signatures and seals in commercial transactions. Foreign parties require chinese notary public authentication to ensure that a power of attorney or a business license is recognized by administrative authorities. The process is governed by the Notary Law and limits the liability of the notary to the verification of the act of signing.
Administrative Power
Authority to issue these certificates rests with the local notary office (Gongzhengchu) which operates under the supervision of the Ministry of Justice. While a private witness might confirm a signature, chinese notary public authentication involves a check against government records to verify the legal capacity of the signer. This step is a prerequisite for the legalization of documents intended for use outside the country.
Verification Chain
Procedures involve the submission of original identity documents and corporate chops to the notary for physical inspection. Once the notary issues the red booklet, chinese notary public authentication continues through the Ministry of Foreign Affairs for a secondary seal. This sequence creates a verifiable trail that prevents the use of forged corporate credentials in international trade.
Legal Force
Documents that have undergone this process are treated as prima facie evidence in a court of law. Because chinese notary public authentication confirms the identity of the parties, it is difficult for a defendant to claim that a contract was signed by an unauthorized person. This level of certainty is required for real estate transfers and the registration of foreign invested enterprises.
