A foreign company typically needs evidence of its legal existence, evidence that the signatory or representative has authority, a power of attorney if an agent is appointed, Chinese translations, the complaint and substantive evidence. Documents created abroad may require Apostille or another authentication route.
1. Corporate status documents
The court needs to know that the foreign plaintiff legally exists. Depending on the home jurisdiction, this may be shown by a certificate of incorporation, company registry extract, certificate of good standing or comparable official record.
The document should identify the legal entity clearly enough to match the name used in the contract and lawsuit.
2. Evidence of representative authority
If a director, officer or other representative signs litigation documents, the filing package should show why that person has authority to act for the company. The proof may come from registry records, constitutional documents, board resolutions, incumbency certificates or other corporate evidence.
Different court filing centers can have different preferences. The safest approach is to confirm the expected package before the documents are notarized or Apostilled.
3. Power of attorney
If the company appoints a PRC lawyer or another permitted agent, a power of attorney is required. The document should define the scope of authority. Special acts—such as admitting, abandoning or modifying claims, settlement, counterclaims or appeals—normally require specific authority under Chinese procedural rules.
The Civil Procedure Law contains special rules for powers of attorney sent from outside China by foreign parties.
4. Apostille or other authentication
China became bound by the Apostille Convention on 7 November 2023. Public documents from another contracting state can generally be used in mainland China with an Apostille instead of the former two-step consular legalization process.
For documents from non-contracting states, or documents that do not fall within the Convention, other notarization and authentication steps may still be required. Apostille authenticates the origin of the public document; it does not establish that every statement in the document is substantively true.
5. Chinese translations
Chinese courts use Chinese in proceedings. Foreign-language documents should be accompanied by Chinese translations. In a contract dispute, translate operative clauses consistently—especially governing law, jurisdiction, delivery, inspection, payment, liquidated damages, warranty and termination terms.
A rushed translation can create unnecessary disputes over terminology that were not present in the original contract.
6. Complaint and claim calculation
The statement of claim should identify the parties, claims, factual basis and legal basis. For money claims, prepare a transparent schedule showing principal, payments, credits, interest or liquidated damages and the date through which the calculation is made.
7. Commercial evidence
The court will need evidence supporting formation, performance, breach and loss. Typical documents include:
- Contract and amendments
- Purchase orders or statements of work
- Invoices and payment records
- Delivery, warehouse or logistics records
- Acceptance or inspection records
- Emails, WeChat or other correspondence
- Refund promises or debt acknowledgments
- Loss and damages calculations
8. Additional preservation documents
If asset preservation is planned, prepare the preservation application, amount sought, available asset clues and the security arrangement in parallel. Waiting until the substantive filing package is complete may lose strategic time.
Frequently asked questions
Does every foreign document need an Apostille?
No. The requirement depends on the type of document, the country of origin, whether the Apostille Convention applies and the receiving court’s procedural requirements.
Do contracts and emails need Apostille?
Not necessarily. Apostille primarily concerns public documents and authentication of certain formal documents. The evidentiary treatment of private commercial records is different and should be reviewed separately.
Must evidence be translated into Chinese?
Foreign-language written materials submitted to a Chinese court should generally be accompanied by Chinese translations.
Can a foreign company sign the power of attorney in China?
There are procedural routes for execution or notarization of powers of attorney in China. The best method depends on who is available in China and the court’s requirements.
Selected official sources
For primary-law checking and further reading:
- PRC Civil Procedure Law (2023 revision, effective 1 January 2024)
- Supreme People’s Court Interpretation of the Civil Procedure Law
- Ministry of Foreign Affairs notice on the Apostille Convention
- Guangdong High People’s Court Q&A on foreign-related civil and commercial procedure
Need to assess a dispute with a Chinese counterparty?
Send the contract, payment records, key correspondence, the Chinese counterparty name and a short timeline. Conflict and engagement checks apply before legal work begins.
This article provides general information about PRC law and procedure. It is not legal advice for any particular matter. Court practice, contract terms, evidence and procedural requirements can materially change the analysis.