What is document authentication?

For documents from the US that are going to be used in China for legal or business purposes, Chinese authorities (e.g., local governments, the Ministry of Commerce, courts) or institutions (e.g., banks, universities, companies) require the documents to be legalized. This process including checking the document’s format, content, and signature, as well as verifying the authenticity of original to make sure it has not been tampered with or altered (thus to proof the document is true and effective).

Why do we need to authenticate the documents before sending them to China?

China is not a member of the Hague Convention (Convention de La Haye du 5 octobre 1961). So documents that are intended to be used in China need to be authenticated, or “legalized,” by the Chinese Consulate (China Embassy), to be considered valid. In accordance with international practice and consular practice in China, the purpose of consular authentication is to ensure that a notarial or certificate issued in one country can be acknowledged by relevant authorities in China, and the documents can have their legal effect, which shall not be affected by doubts on the authenticity of the seal or signature on the documents or certificates. This process involves verifying the authenticity of the document and ensuring that it meets all relevant legal requirements.

What are the authentication steps for document legalization by the China Consulate?

There are several steps you can follow to authenticate documents for use in China:

1. Determine whether the document needs to be authenticated. Some documents, such as personal identification documents issued by the China authorities, do not need to be authenticated for use in China. Authentication is not required for documents to be used in the Hong Kong Special Administrative Region or Macao Special Administrative Region of China. As long as these documents are notarized by a local notary public of the U.S. and apostilled by the Secretary of State or the Authentication Office of the U.S. Department of State, they can be used in Hong Kong or Macao.
2. For Personal documents such as Power of Attorney (for properties transfer, legal affairs, bank/stock transfer), Affidavit of Single Status (for marriage or financial purposes, Same Person Declaration (to proof the old and new Passport/ID belong to the same person), Inheritance Statement (inherit or give up the assets) need to be signed by the principle, have the document notarized by a notary public. This involves having a notary public witness your signature on the document and attach a seal to it. Then have the notarized document certified by the Secretary of State. This involves having the Secretary of State’s office verify the notary’s signature and seal on the document. Finally, we submitted the apostilled or certified documents to have them authenticated by the Chinese embassy or consulate. This involves having the embassy or consulate verify the signature and seal of the Secretary of State on the document.

3. For Official documents issued by the US government authorities such as Birth Certificate, Marriage Certificate, Death Certificate, Divorce Judgement, Diploma, Deed of Trust, FBI non-criminal record (clearance letter) need to contact the issuing agency which is typically the state or county vital records office. Request a certified copy of the documents, which must have an official seal and an officer’s signature on them. Then submit the documents to the Secretary of State’s Office of Authentications (some documents need to be submitted to the Department of State). This office is responsible for authenticating official documents from the United States to be used in other countries. The Office of Authentications will review the documents, verifying the authenticity of the original to make sure it has not been tampered with or altered, and if approved, will place an apostille on the document. An apostille is an internationally recognized form of authentication that verifies the authenticity of the document. Once the document has been authenticated with an apostille, it can be submitted to the Chinese Consulate/China Embassy to get the final authentication or legalization. Once we have completed these steps, your document should be considered valid for use in China for household registration, employment, and resident visa application purposes.

4. For business documents, there are two different categories:
   1. Documents authentication needed for WFOE (wholly foreign owed enterprise ), Joint Venture, or domestic company registration in China, including but not limited to: Article of Incorporation, Statement of Information, Company Annual report, Certificate of Status for Good Standing need to contact the local State Business office to request a certified copy of the documents (make sure you ordered the latest version of the company filing), which must have an official seal and State officer’s signature on it. Then submit the documents to the Secretary of State’s Office of Authentications (some documents need to be submitted to the Department of State). This office is responsible for verifying the seal of the State Business Department and the official signature. For Some States these 2 steps (certification & authentication) can be combine into one single order with the Secretary of State.
      The type of document that needs to be ordered will vary depending on whether the business is a corporation, limited liability company (LLC), partnership, or some other type of entity. Please verify with the China authorities to make sure which type of document they need; also, the name of the document might be different; for example, they said a “business license” is needed, but actually what they mean is a “Certificate of Status” to prove the company is in Good Standing in the US.
      

      

      
      
   2. documents originated by the company officers (CEO/President), such as Letters of appointment, Business Power of Attorney, Meeting Minutes, Board of Directors/Shareholders Resolutions, Bank Varication Letter, TAX ID EIN Employer identification number; Legal Representative Confirmation needs to be signed by the company officers, and the document needs to be notarized by a notary public. This involves having a notary public witness the officer’s signature on the document and attach a seal to it. Then have the notarized document certified by the Secretary of State. This involves having the Secretary of State’s office verify the notary’s signature and seal on the document. Finally, we submitted the apostilled/certified documents to have them authenticated by the Chinese embassy or consulate. This involves having the embassy or consulate verify the signature and seal of the Secretary of State on the document.
      

      

With more than 20 years of experience, Fast Pro Services can help you process all the steps above to make sure they match the Consulate’s requirements, thus saving you time and money during the authentication process.

Fees and payment method: the processing time and fees are varied for different types of documents. Please call us (1-408-719-1288) or email us (chinesenotary@gmail.com) to confirm before submitting payment. Use the below method to submit your payment.

1. You can pay with QuickPay with Zelle.
2. You can write us a check payable to Fast Pro Services.
3. Credit Card or PayPal (submit to extra 5% processing fee).

Frequently Asked Questions:

Q: To which consulate should I submit the documents for authentication?

A: There are five consulates general in the following U.S. cities: New York, NY; Chicago, IL; San Francisco, CA; Los Angeles, CA; and Houston, TX. Each have their own jurisdiction:

For documents issued or notarized in Alaska, Northern California, Nevada, Oregon, or Washington, please submit the document to the Consulate in San Francisco.

For documents issued or notarized in Arizona, Southern California, Hawaii, New Mexico, or the Pacific Islands, please submit the document to the Consulate in Los Angeles.

For documents issued or notarized in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont, please submit the document to the Consulate in New York.

For documents issued or notarized in Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, and Wisconsin, please submit the document to the Consulate in Chicago.

For documents issued or notarized in: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Texas, Washington, DC, Delaware, Idaho, Kentucky, Maryland, Montana, Nebraska, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming, please submit the document to the Consulate in Washington, DC.

Q: Who can sign the business documents on company behalf?

A: The executive officers whose name is listed on the Statement of Information can sign the business documents (e.g. Power Attorney, Representative Appointment Letter, Agreements). If the document is signed by other company staff or a manager whose name is not listed on the Statement of Information, the company must issue a verification letter to state that staff can sign the document on its behalf, and this verification letter must be signed by the company’s CEO.

Q: Can the minors sign the document by themselves?

A: Per the Law of the People’s Republic of China on the Protection of Minors, “minors” mean citizens under the age of 18. Any legal documents involving minors need to be signed by their parents. And the notary needs to notarize the parents’ signatures.

Q: How do I know a document is certified?

A: For official documents like birth certificates, marriage certificates, and death certificates, certified copies of the documents will have the County Clark-Record signature and county official seal on the bottom of the document. For the court order or business entity document (e.g., Articles of Incorporation, Statements of Information, Company Annual report, Certificate of Status for Good Standing, the certified copy will have the stamps of the State Business Division. The stamp normally appears on the back of the final page of the document in the lower right-hand corner. The stamp will contain the date the document was certified, the signature of the Secretary of State, and the State Seal.

Q: Which type of document needs authentication by the Department of State before being submitted to the Chinese Consulate?

A: If the document is issued or certified by a Agency like the FBI or Federal Court, you need to submit them to the Department of State for authentication before submitting them to the Chinese Consulate for the last step of legalization.

And if the document is issued or sign at the following States: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Texas, Washington DC, Delaware, Idaho, Kentucky, Maryland, Montana, Nebraska, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, Wyoming. After the Secretary of State apostille, we need to send them to the Department of State for authentication before submit to the Chinese Consulate.

Q: Do I need to translate the documents before submitting them to the State Department and Chinese Consulate for authentication?

A: For some official documents like birth certificates and death certificates, the China authorities might need to process the translation authentication. However, different cities have different regulations, so please make sure to ask the authorities who request the document if they need the original certified copy authentication or the document translation authentication.