Notarization

Notarization refers to the activity by which a notarial institution, upon application, certifies the authenticity and legality of legal acts, documents of legal significance, and facts. In foreign trade, notarization is commonly used to certify the authenticity of commercial documents (such as contracts, invoices, packing lists, powers of attorney, company registration certificates, etc.) so that they are accepted by the customs, banks, or customers of the importing country. Use cases include: documents required to be notarized under letters of credit, notarization of evidence in cross-border litigation or arbitration, intellectual property protection, and notarization of documents when establishing companies for overseas investment. Precautions: Notarization is different from consular legalization and embassy authentication; notarization only involves a notary certifying the identity of the signatory and the authenticity of the signing act, and does not involve substantive review of the document's content. If a document is to be used overseas, it usually also needs authentication by the Ministry of Foreign Affairs or the Chinese embassy/consulate in the destination country (i.e., 'double authentication'). Unlike 'witnessing,' notarization has stronger legal probative force. Foreign trade practitioners should clarify the type of notarization required by the customer or letter of credit to avoid refusal of payment or customs clearance delays due to non-compliant documents.