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Is the power of attorney valid without notarization?

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Is the power of attorney valid without notarization?


        

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  • 2024-06-12 10:00:54

    Is the power of attorney valid without notarization?
    The power of attorney without notarization is valid. The power of attorney does not have to be notarized. As long as the trustor and the trustee have the corresponding civil capacity, the entrusted matter is legal, and the trustor signs in person at the trustor for confirmation, the power of attorney has legal effect, and it does not have to be notarized. Exception: For foreign-related civil litigation, foreigners, stateless persons, foreign enterprises and organizations that have no domicile in China entrust lawyers or other persons to represent them in litigation, and send or entrust letters of authorization from outside the Chinese territory. It shall be certified by the notary office of the country where it is located, and authenticated by the Chinese embassy or consulate in that country, or go through the certification procedures specified in the relevant treaties concluded between the People's Republic of China and the country where it is located, before it becomes effective. According to Article 263 of the Civil Procedure Law of the People's Republic of China, if a foreigner, stateless person, foreign enterprise or organization needs to entrust a lawyer to represent it in bringing a lawsuit or responding to a lawsuit in a people's court, it must entrust a lawyer of the People's Republic of China. Article 264 A foreigner, stateless person, foreign enterprise or organization that has no domicile within the territory of the People's Republic of China entrusts a lawyer or other person of the People's Republic of China to act as agent ad litem. The power of attorney mailed or entrusted from outside the territory of the People's Republic of China shall not be effective until it is certified by the notary office of the country where it is located and authenticated by the embassy or consulate of the People's Republic of China in that country, or the certification procedures specified in the relevant treaties concluded between the People's Republic of China and the country where it is located are performed.

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