Where a foreigner, a person without nationality, foreign companies and organizations that do not have a domicile within China entrust a Chinese lawyers or other citizens to represent them in lawsuits, the power of attorney (“POA”) sent or issued from outside China shall not come into effect unless notarized in their own countries AND be legalized by the Chinese consulate and embassy in their own countries, or going through the certifying procedures as provided in relevant treaties concluded by China and the countries where they are.
For such persons mentioned above that are in China, they may not have to go through such complex procedures by signing the POA before a judge of the competent court. As to the contents of a POA, there is one rule you need to know. Authority in regard of admitting, waiving and amending claims, reconciliation, counterclaiming and appealing shall be specifically written in the POA, and otherwise, your attorney shall not have such powers to conduct the aforementioned actions for you. |
