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China after joining the Hague Convention: how to legalise a power of attorney for business now

September 25, 20264 min read

Until November 2023, every Russian document for China went through consular legalisation: Ministry of Justice, Foreign Ministry, then the Chinese embassy. It took weeks. Since 7 November 2023 China has been party to the Hague Apostille Convention, and the chain has shrunk to a single stamp. Yet clients still arrive with outdated instructions from partners and intermediaries.

The power of attorney case

An entrepreneur was setting up a trading company in Shenzhen and gave a power of attorney to a Chinese agent for registration. The agent sent instructions: "power of attorney at a notary, then to the Chinese embassy". We checked: for a power of attorney made by a Russian notary, an apostille from the Ministry of Justice is enough. The embassy is not needed.

What still matters

Language. The power of attorney is drafted in Russian and Chinese, or in Russian with a subsequent translation into Chinese. Many Chinese authorities require the translation to be done by a qualified local translation agency with its seal — a Russian translation may not pass. Ask the agent who does the translation: we can prepare a bilingual text, but a Chinese agency seal is sometimes still required.

Names. Chinese authorities check the transliteration of the name against the passport. Use the Latin spelling from the international passport and, if you already have a Chinese transcription of your name (in a visa, for example), include it.

Powers. Chinese registration requires specifics: company registration, opening an account, obtaining company seals, signing the articles of association. General wording sounds vague in Chinese, and the registrar may refuse.

Outcome

The power of attorney with an apostille and bilingual text was accepted on the first attempt, and the company was registered in three weeks. If you are told that China requires the embassy, check whether the advice is outdated: for most Russian documents an apostille is now enough.

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