China Apostille

We are delighted to share the positive news that on March 8th, 2023, China formally acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, commonly known as the “Apostille Convention.” This international agreement simplifies the process of authenticating public documents for their use in foreign countries.

It is important to note that not all types of documents are covered by the Apostille Convention. Only public documents, as determined by the laws of the issuing country, fall under its purview. In practical terms, the Convention is typically applied to various documents, including administrative documents like birth, marriage, and death certificates; documents originating from authorities or officials associated with courts; extracts from commercial and other registers; notarial acts and acknowledgments of signatures; and academic diplomas issued by public institutions.

The accession of China to the Apostille Convention will bring significant relief to Chinese companies in Serbia and Chinese citizens in Serbia. This accession greatly simplifies the process of using public documents issued in China in the Republic of Serbia. Notably, when establishing Chinese companies before the Serbian Business Registers Agency, required documents such as the business license for the company founder will no longer need to undergo full legalization procedures. The same applies to bank account openings. Previously, the full legalization process necessitated notarization by a local notary public in China, authentication by the Ministry of International Affairs of China, and subsequent authentication by the Embassy of the Republic of Serbia in China.

Under the Apostille Convention, a public document issued in one member country can be certified for legal use in any other member country by obtaining an “apostille” certificate from a competent authority designated by the issuing country. The apostille serves as authentication, verifying the signature’s authenticity, the capacity in which the signatory acted, and, if applicable, the attached seal or stamp. By eliminating the need for further certification or legalization by consular or embassy officials, the apostille simplifies the process, saves time, and reduces costs for individuals and organizations requiring the use of foreign public documents for legal purposes.

China’s official implementation of the Apostille Convention is scheduled to commence on November 7th of this year (2023). This development marks a significant step toward facilitating international document authentication and streamlining cross-border processes for individuals and entities involved in China-Serbia relations.