Q:Is it necessary to have the documents legalized if they will be sent to and used in China?

A:Consular legalization is international practice gradually forming around the world in diplomatic and consular practice in order to facilitate mutual correspondence. At present, China has not yet signed bilateral treaties or agreements of mutual exemption of consular legalization with any country, but there is an "exemption from certification" clause in the Chinese and foreign bilateral judicial assistance treaty and agreement. In addition, all foreign documents for civil and commercial use in China generally need consular legalization.

Q:Can foreign documents only be legalized by Chinese embassies or consulates in foreign countries for being sent to and used in China?

A:No. According to international practice and consular legalization practice, firstly Chinese embassies and consulates are only responsible for the authenticity of the seal and signature of the foreign ministry or the authentication departments in the host country; secondly, Chinese embassies and consulates generally do not have the record of the seal and the signature of the notary office or the department issuing the documents in the host country and could not confirm the authenticity of the seal and the signature. Therefore, the relevant documents should be notarized and legalized by the local authorities and then submitted to Chinese embassies or consulates for legalization.

Q:Where can the documents intended to be used in China be sent for relevant notarization and legalization before being legalized by the Consulate General of China in Mumbai?

A:The documents intended to be used in China by foreign citizens (including overseas Chinese) cannot be directly sent to the Consulate General of China in Mumbai for notarization. documents to be used in China should be notarized first by a local Notary Public in India and attested by section officer,Home Department, Government of Maharashtra Mantralaya,Mumbai before being submitted to the Consulate General of China in Mumbai.

Q:What kind of documents shall not be accepted for legalization?

A:The consular legalization is an activity of diplomatic missions or consular authorities to validate documents in the name of the country. The consular authority will not authenticate a document in any of the following circumstances:

1.The seal and signature of the document is not true；

2. The seal, signature of the document is not on record, or is inconsistent with the record;

3. Document binding, seal, signature and other technical standards do not conform to the regulations and requirements of the authority to issue the document and the authority to use the document;

4. The contents of a document may cause potential threats to China's national or public interests;

5. Other circumstances that the consular authority cannot accept.

Q:Can notarial deeds be legalized by Chinese embassies or consulates after being taken abroad but not yet legalized?

A:No. Chinese embassies and consulates do not have the record of the signature and the seal of the domestic foreign-related notary republic or the authority issuing documents for commercial use and unable to verify the authenticity of the documents, and therefore do not accept foreign-related notarial deeds or commercial certificates issued by domestic authorities for consular authentication.

The parties should send documents to China for consular authentication according the procedure and for the consular legalization by embassies and consulates of foreign countries in China in which documents will be used. The parties who are not convenient to go back to China may entrust others (domestic relatives, lawyers, etc.) to go through relevant formalities

Q: How to authenticate notarial deeds，commercial certificates and other documents issued in China?

A: Before being sent to and used in foreign countries,  foreign-related notarial deeds or commercial documents issued in China should be duly authenticated by the Consular Department of the Chinese Foreign Ministry or authorized local foreign affairs offices and then submitted to the embassy or consulates of the concerned country for legalization in accordance with the requirements of the country in which documents will be used and its embassy in China; or the country in which documents will be used may accept without legalization of the embassy or consulates of the concerned country.