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What are the requirements for a power ofattorney? – FAQ 4 on the Filing Review of Commercial Cases Involving Foreign Affairs, Hong Kong, Macao, and Taiwan

by the Fourth Intermediate Court of Beijing

August 15, 2023

Answer: (1) Foreign parties or parties fromHong Kong, Macao, and Taiwan who do not have a residence within the territory of our country, who entrust Chinese lawyers or other people to represent them in litigation, need to handle the corresponding notarization and authentication procedures for the power of attorney sent or entrusted from outside the territory of our country or the mainland.


Representatives of natural persons,enterprises, or organizations from foreign countries and Hong Kong, Macao, and Taiwan regions who sign authorization letters within the territory of China must submit a certificate notarized by a notary institution in China; For those who handle the authorization procedures in person in the court, the judge may witness their signing of the authorization letter in accordance with the law.

A Taiwanese party holding a residencepermit in Taiwan entrusts a mainland lawyer or other person to represent them in litigation. The power of attorney does not require notarization or certification or other certification procedures in accordance with Article 17 of the "Measures of the Supreme Court on Providing Judicial Services for Deepening the Integration and Development of the Two Sides of the Taiwan Strait".

(2) Foreign parties in foreign-relatedcivil litigation can entrust their own country as their litigation agent, or entrust their own country's lawyer to act as their litigation agent in a non lawyer capacity; Officials of foreign embassies and consulates in China may act as agents ad litem in their personal names upon the commission of domestic citizens, but they do not enjoy diplomatic or consular privileges and immunities in litigation.


(3) If the agent signs on behalf of theplaintiff, there must be a clear authorization letter regarding the signing of the plaintiff on behalf of the agent, and it cannot only be written as "suing on behalf of".