On March 8, 2023, China officially deposited the instrument of accession to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the “Apostille Convention”). According to information released by the Ministry of Foreign Affairs of China, the Apostille Convention will come into effect in China on November 7 this year.
The Apostille Convention was concluded on October 5, 1961 and became effective on January 24, 1965. Key provisions of the Apostille Convention include:
- Main purpose. The Apostille Convention simplifies the legalisation procedure of foreign public documents among the contracting states by replacing the traditional requirement of time-consuming and costly diplomatic or consular legalisation with the simple issuance of a single Apostille certificate.
- Scope of foreign public documents. The Apostille Convention covers only public documents, including (a) court documents, (b) administrative documents, (c) notarial acts and (d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document.
After the Apostille Convention becomes effective in China, a foreign public document generated in another contracting state of the Apostille Convention can be legalized in China after being notarized by a local notary and going through the Apostille legalisation procedure, with no need to apply for Chinese embassy or consulate’s legalisation, and vice versa. It will significantly reduce the monetary cost and time spent to legalize foreign public documents, simplify documentary and procedural requirement for cross-border investment, transaction and dispute resolution, benefiting both foreigners and Chinese companies and citizens.
