Documents Required for Suing a Foreign Company in a Chinese Court
When suing a foreign company in a Chinese court, the following documents are generally required:
I. General Requirements
Basic Information of the Foreign Company:
Basic registration information such as the company name, registered location, and address.
The name and contact information of the legal representative or authorized representative of the company.
Documents Proving the Company's Identity:
The company's business license or similar registration certificate, proving its legal existence and business qualifications.
The company's articles of association or similar documents, outlining the company's organizational form, power structure, and business scope.
Legal Representation Authorization Documents:
If the plaintiff is represented by a lawyer, a power of attorney and the lawyer's practice certificate must be provided.
Evidence Related to the Case:
Provide evidence related to the case, such as contracts, agreements, and communication records, to support the grounds for the lawsuit.
Translated Documents:
If the submitted documents are not in Chinese, a corresponding Chinese translation must be provided, along with the qualifications of the translator and the translation date.
Litigation Fees:
If the court requires the payment of litigation fees, the corresponding fees must be prepared.
Other Potential Requirements:
Depending on the specific circumstances of the case and the requirements of the court, other legal documents or evidence may need to be provided.
The preparation of these documents ensures that the plaintiff can fully prove the legitimacy and factual basis of their claims in lawsuits against foreign companies in Chinese courts, thereby facilitating the smooth progress of the litigation process.
II. New Requirements for Defendant's Legal Capacity in the "Nine Civil Minutes"
The "Minutes of the National Conference on Civil and Commercial Trials" typically imposes certain requirements on the defendant's legal capacity. These requirements may involve the following aspects:
Clarification of Defendant's Identity: The plaintiff is required to clearly identify the defendant when filing a lawsuit and provide corresponding proof. This includes the foreign company's business license, registration certificate, or other legal documents to prove its legal existence and business qualifications.
Contracts or Agreements as Evidence: The minutes may emphasize that contracts or agreements can serve as one of the important documents to prove the existence of the defendant. The plaintiff can prove the defendant's legal capacity by submitting relevant contracts.
No Mandatory Notarization: When determining the defendant's legal capacity, the minutes may emphasize that the plaintiff should not be required to notarize the proof of the defendant's identity. This provision helps simplify the litigation process and reduce the plaintiff's burden of proof.
Unified Standards by Courts: To avoid confusion caused by different standards among different courts, the minutes may also emphasize the need for courts to adopt unified standards in the trial process and uniformly enforce the requirements for determining the defendant's legal capacity.
These requirements aim to ensure the fairness and efficiency of litigation and to guarantee that the defendant's legal capacity can be correctly and uniformly determined in civil and commercial trials.
