Consular Authentication
2012-07-12 08:49
 

Introduction to Consular Authentication

Guidelines for Consular Authentication

I. Application Requirements

II. Authentication Process

III. Documents Required for Application

IV. How to Apply

V. Processing Time

VI. Fees and Payment

VII. Other Important Information

Frequently Asked Questions

Introduction to Consular Authentication

In accordance with international practice and consular practice in China, the purpose of consular authentication is to ensure that notarial deeds issued in one country can be acknowledged by relevant authorities in another country, and the deeds can have its due legal effect, which shall not be affected by doubts on the authenticity of the seal or signature on the deeds.

The Chinese Embassy and Consulates General in Canada can authenticate notarial deeds and other documents issued by relevant authorities of Canada for use in China. The deeds or documents should be authenticated by the authentication office of the Canadian Foreign Affairs Department or the relevant province (territory) before submitting to the Chinese Embassy or Consulate General.

Consular authentication by the Chinese Embassy or Consulate General in Canada is not required for relevant documents to be used in Hong Kong SAR or Macao SAR of China. As long as these documents are notarized by a local notary public, lawyer or Commissioner of Oaths of Canada and authenticated by the authentication office of the Canadian Foreign Affairs Department or the relevant province (territory), they can be used in Hong Kong or Macao.

Guidelines for Consular Authentication

I. Application Requirements

A document to be authenticated should meet the following requirements:

1. The document should have been firstly notarized by a local notary public, lawyer or Commissioner of Oaths of Canada, and then authenticated by the authentication office of the Canadian Foreign Affairs Department or the relevant province (territory).

2. The document is truthful, legal and without contents violating Chinese law or threatening to China's national or public interests.

3. A document with more than two pages must be properly bound as a volume to avoid any substitution. Sealing wax, eyelet, paging seal or steel seal should be applied to ensure the integrity of the documents.

II. Authentication Process

Step 1.

The document is to be notarized by a local notary public, lawyer or Commissioner of Oaths of Canada.

Step 2.

The document, notarized where the Chinese Embassy holds consular jurisdiction (Please click for consular jurisdiction of the Chinese Embassy and Consulates General) is to be authenticated by the authentication office of the Canadian Foreign Affairs Department.

Step 3.

The document, notarized where the Chinese Consulate General holds consular jurisdiction (Please click for consular jurisdiction of the Chinese Embassy and Consulates General) is to be authenticated by the authentication office of the relevant province (territory).

Step 4.

The document is to be authenticated by the Chinese Embassy or Consulate General in accordance with the location where it is notarized (Please click for consular jurisdiction of the Chinese Embassy and Consulates General ).

Please click for the information of the authentication offices of the Canadian Foreign Affairs Department or the relevant province (territory).

III. Documents Required for Application

1. One fully completed Application Form for Notarization and Authentication.

2. The original and a photocopy of the document to be authenticated.

3. The original of the applicant's passport and a photocopy of the photo/information page of the passport.

4. The original and a photocopy of the permanent resident card, study permit or work permit, if you have.

5. If an applicant has entrusted someone else to submit the application on his/her behalf, the original and a photocopy of both the entrusted person's and the applicant's passport (and a permanent resident card or study/work permit, if you have) will be required.

6. If the document is a business license, a photocopy of the passport (and a permanent resident card or study/work permit, if you have) of the company's legal representative and the original company document that can prove the person's legal representative status should be submitted.

IV. How to Apply

1. You may either walk in to submit the application and get it back or entrust someone else or travel agents to do it for you.

2. No appointment is needed.

3. If necessary, applicant should come in person for an interview as required by the Chinese Embassy or the Consulate General.

V. Processing Time

1. Regular service: 4 business days.

2. Express service: documents can be returned on the 2nd or 3rd business day.

3. Same-day rush service: documents can be returned on the same day (Applications must be submitted before 10:30 a.m.).

Note: It does not include the time for submitting supporting materials, consulting or verifying information with China, or delays caused by force majeure.

VI. Fees and Payment

1. After an authentication certificate is issued, the applicant may come, or entrust someone else to come, with the Pick-up Form (the pink slip) to the Embassy or the Consulate General to pay the relevant fee and get the certificate on the pick-up day or after. If a certificate is not picked up 6 months after the pick-up day, the Chinese Embassy or the Consulate General will no longer keep it and the applicant is solely responsible for any consequences arising therefrom.

2. Regular service:

Civil documents (Chinese Nationality): $10 per document;

Civil documents (Other Nationality): $30 per document;

Commercial documents (Chinese Nationality): $20 per document.

Commercial documents (Other Nationality):: $60 per document.

3. Express service: an additional fee of $35 per document will be charged.

4. Same-day rush service: an additional fee of $50 per document will be charged.

5. Please pay by Money Order, Company's Check or Debit Card. Cash, Credit Card or Personal Check will not be accepted. If the authentication certificate is issued by the Embassy, please make Company's Check or Money Order payable to "Chinese Embassy". If the authentication certificate is issued by the Consulate General, please make Company's Check or Money Order payable to "Chinese Consulate General".

VII. Other Important Information

1. According to regulations of China, a single status affidavit used for marriage registration in China is valid for only 6 months from the date of issuance. If an applicant needs to use it after it has been issued for 6 months, he or she needs to obtain a new single status affidavit.

2. Documents for use in China for adoption affairs, such as statement of marriage, health status, proof of finance, income or no criminal record, can only be authenticated if the period between the notarized date and the adoption registration date (excluding the processing time taken by China Center for Adoption Affairs) does not exceed 6 months.

3. Consular officials of the Chinese Embassy or the Consulate General will review the documents to be authenticated. If there is any problem, such as uncompleted process, wrong document format, illegal contents, or alteration or substitution of the document, the application will be rejected.

4. Consular officials reserve the right to request additional documents from the applicant.

5. A document that has been authenticated by the Chinese Embassy or the Consulate General shall not be wilfully bound, unbound or altered. An applicant is solely responsible for all consequences and legal responsibilities arising from his or her unauthorized binding, unbinding or altering of the document.

6. The above information is subject to change and explain by the consular officials of the Chinese Embassy or the Consulate General.

Frequently Asked Questions

1. Do all documents to be used in China need to be authenticated?

Answer: In order to facilitate document exchanges across countries in international diplomatic and consular affairs, consular authentication has gradually become an international practice. With increasing international interactions, a great number of documents of various types are exchanged between countries, but each country has different requirements and formats for notarization and business certification. The consular authentication system is based on a chain process ending with one country's diplomatic or consular mission abroad certifying the last seal and signature on the documents, so as to ensure the documents can be accepted by relevant departments and institutions in the country and the use of the documents will not be affected by doubts on the authenticity of the documents. In this way, foreign-related documents can be smoothly circulated and used in different countries.

To make documents to be used in China acceptable to relevant Chinese departments and institutions, it is suggested that the documents should be authenticated by a Chinese Embassy or Consulate General abroad. However, whether the document will be accepted by relevant Chinese departments or not depends on whether the documents' contents can meet their requirements. The producer of a document, rather than consular authentication, is responsible for the contents of the document.

2. Is it ok if I only get consular authentication from a Chinese diplomatic or consular mission in a country, and do not have authentication by the Foreign Ministry or other authentication institutions of the country?

Answer: Firstly, the Chinese diplomatic or consular missions abroad usually only authenticate the seal and signature of the host country's Foreign Ministry or authentication institutions. Secondly, the Chinese diplomatic or consular missions abroad do not keep samples of the seal or signature of the notaries public or issuers of business documentation of the host country and thus cannot verify the authenticity of the document. Therefore, relevant documents should be authenticated by the host country's Foreign Ministry or authentication institutions before applications are made to the Chinese diplomatic or consular mission for consular authentication.

3. How to apply for consular authentication of documents or business certificates issued in China?

Answer: Foreign-related notarial deeds or business documents issued in China for use in a foreign country should firstly be authenticated by the Department of Consular Affairs of the Ministry of Foreign Affairs of China, or authorized local foreign affairs offices of China. Then they should be authenticated by the foreign country's diplomatic or consular missions in China (Double Authentication). In some cases, the authentication by the foreign country's diplomatic or consular missions in China is not required (Single Authentication).

Please visit www.mfa.gov.cn for authentication requirements of the Chinese Foreign Ministry and relevant foreign diplomatic or consular missions in China.

4. If notarial deeds or other documents issued in China have been taken to a foreign country without being authenticated in China, can they be authenticated by a Chinese diplomatic or consular mission abroad?

Answer: The Chinese diplomatic and consular missions abroad do not accept authentication applications for foreign-related notarial deeds or other documents issued in China because the missions do not keep samples of signature or seal of Chinese notaries public or issuers of business documentation and cannot verify the authenticity of the documents. The applicant should send the document back to China, apply for authentication by the Department of Consular Affairs of the Ministry of Foreign Affairs of China, or authorized local foreign affairs offices of China, and apply for authentication by a diplomatic or consular mission in China of the country where the documents will be used. If the applicant find it inconvenient to go back to China for it, he or she may entrust someone else (e.g. a friend, relative or a lawyer in China) with the formalities.

Information of the authentication offices of the Canadian Foreign Affairs Department or the relevant province (territory)

Authentication and Service of Documents Section (JLAC)

Foreign Affairs and International Trade Canada

For Mailing application:125 Sussex Drive, Ottawa, Ontario, Canada K1A 0G2

For Walk-in application: 111 Sussex Drive, Ottawa, Ontario

Tel:1-800-267-8376 (Toll Free in Canada)

613-944-4000 (in the National Capital Region and outside Canada)

613-944-9136 (TTY for the deaf)

Ontario :

Ministry of Government Services

6th Floor, 700 University Ave,

Toronto, Ontario M7A 2S4

Tel: 416-325 8416 Fax: 416-3258434

Manitoba:

Department of consumer and corporate affairs

Room 1034, 10th Floor, 405 Broadway

Winnipeg, Manitoba R3C 3L6

Tel: 204-9452654

British Columbia:

Order in Council Administration

Ministry of Attorney General

Room 208A 553 Superior St.

Victoria, British Columbia

V8V 1X4

Tel: 250-387-4376 Fax: 250-387-4349

Yukon:

Office of the Commissioner

211 Hawkins St.

Whitehorse, Yukon

Y1A 1X3

Tel:867-667-5121 Fax:867-393-6201

Alberta:

Deputy Provincial Secretary' Office

Room 111, 9833-109 St. Edmonton, Alberta T5K 2E8

Tel: 780-4275069, 3100000, 3104455

Saskatchewan:

Ministry of Justice and Attorney General, Authentication Services

800-1874 Searth Street,

Regina SK, S4P 4B3

Tel:306-7873899

Quebec:

Secretaire de la Chambre des Notaires du Quebec

600-1801 avenue McGill College,

Montreal, QC H3A 0A7

Tel:514-8791793

New Brunswick:

Office of the Lieutenant-Governor

P.O. Box 6000, Fredericton, N.B. E3B 5H1

Newfoundland:

Office of the Lieutenant-Governor, Government House,

P.O. Box 5517, St. John's, Newfoundland

Nova Scotia:

Legal Aid (4th Floor), Department of Justice

5151 Terminal Road, Halifax, N.S. B3J 2L6

Prince Edward Island:

Office of the Lieutenant-governor, Government House,

P.O. Box 864, Charlotte Town, P.E.I. C1A 7L9

Northwest Territories:

Legal Registries, Department of Justice

1st Floor, Sourt M. Hodgson Building, 5009-49th Street

PO BOX 1320, Yellowknife, N.T. X1A 2L9

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