I have a court case in China in February and want to ask a Chinese local lawyer to represent me so I don't have to attend. The Chinese courts said I needed to notorize the "power of Attorney" contract and other documents I wish to enter into evidence. They also mentioned something about getting the embassy to stamp them... Could someone please explain how I go about doing this from here in Australia??
2007-01-10 20:51:19 · 3 answers · asked by Niki A 1 in Politics & Government ➔ Law & Ethics
The whole point of notarizing is to provide proof that the documents are really from you.
Throughout the world, courts have to be careful when they pass judgement, that their judgement is not based on a mistake or fraud. So they need more solid evidence, than just your signature, that you are really the person presenting the documents. The power of attorney is too much power for an unscrupulous attorney to be able to grab with a fake signature.
An embassy stamp is used for notarization in countries that are foreign to the court, because domestic notaries are available domestically only. A notary in the foreign country is not enough, because the court does not have enough official knowledge of that country to be officially sure that person is really a notary. The Chinese embassy in Australia acts as the Chinese court's expert on Australian law and customs. The court defers the decision to the embassy of whether your documents are genuine. The embassy stamp is how the embassy communicates to the court that they, the experts, have declared the documents to be genuine.
Your best approach, if you have access to a Chinese embassy or consulate in your city, is to go there and take the correspondence from the Chinese court with you.
2007-01-10 21:32:02 · answer #1 · answered by x4294967296 6 · 0⤊ 0⤋
At the Chinese Embassy in Australia.
2007-01-11 04:53:32 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You don't need the embassy. Any solicitor will help.
2007-01-11 04:55:03 · answer #3 · answered by Older&Wiser 5 · 1⤊ 0⤋