I. Basic Legal Background

Article 239 of the Civil Procedure Law of the People’s Republic of China clearly stipulates: When foreigners or stateless persons file or respond to lawsuits in Chinese courts and retain legal representatives, only Chinese licensed lawyers are allowed to appear in court. Overseas lawyers cannot independently act as litigation agents. Many foreign investors, Hong Kong & Macao residents and foreign employees lack a full understanding of the entrustment procedures, often facing case dismissal due to incomplete documents, unauthenticated overseas papers or unclear power of attorney. This article fully explains the complete procedures and supporting materials for foreigners entrusting Chinese lawyers for litigation, and distinguishes different document requirements for foreigners residing in China long-term and those living overseas, complying with filing standards of all Shenzhen District Courts and the Shenzhen Court of International Arbitration (SCIA).

 II. Complete Procedures of Entrusting Chinese Lawyers

 Step 1 Case Consultation & Lawyer Matching

Foreign clients may contact the English team of the Foreign Legal Center of Yingke (Shenzhen) via official email yaozongxun@yingkelawyer.com for video consultation or offline in-person meeting at Futian office. Lawyers will sort out case types (foreign-related marriage, cross-border payment, equity disputes, foreign criminal, labor cases), assess legal risks and provide bilingual service plans with a full document checklist.

 Step 2 Sign Entrustment Documents

Two signing scenarios:

1. Foreigners holding valid Shenzhen residence permits and staying in China: Sign bilingual Power of Attorney & Retainer Agreement on-site at Yingke office with bilingual lawyer witness, no overseas notarization required.

2. Clients residing abroad and unable to travel to China: Sign POA at local notary public, then complete authentication at Chinese Embassy/Consulate in that country; only authenticated documents can be submitted for filing.

 Step 3 Sort & Translate All Evidence & Identity Papers

All foreign-language passports, contracts, bank statements and overseas judgments must be attached with official Chinese translations. Chinese courts only accept Chinese litigation documents; Yingke provides one-stop multilingual translation service.

 Step 4 File Cases at Court / Arbitration Institution

Lawyers organize authenticated documents, identity certificates and evidence lists, submit filing applications to district people’s courts or SCIA, and apply for property preservation & evidence collection if needed.

 Step 5 Full-stage Litigation Representation (Mediation, Trial, Appeal, Enforcement)

Bilingual lawyers of Yingke take charge of pre-litigation mediation, court cross-examination, oral argument, and enforcement after judgment. For criminal cases, bilingual attorney-client meetings and legal opinions to procuratorate are available.

 III. Full Document Checklist by Client Category

 1 Foreign Natural Persons with Long-Term Shenzhen Residence Permit

1. Identity materials: Original passport & copy, residence permit, temporary accommodation registration receipt

2. Entrustment papers: Bilingual Power of Attorney & Retainer Agreement signed on-site

3. Case evidence: Original & bilingual copies of sales contracts, marriage certificates, injury records, bank transfer slips

4. Supplementary materials: Counterparty identity info, property clues (real estate, equity, corporate accounts)

 2 Foreign Natural Persons Residing Overseas (No Chinese Residence Permit)

1. Scanned passport, notarized and authenticated by Chinese embassy/consulate

2. Notarized & authenticated Power of Attorney, clearly specifying scope of authority (general / special authorization: mediation, appeal, preservation, waiver of claims etc.)

3. Overseas documents (foreign marriage certificates, investment agreements) with full notarization, consular authentication and official Chinese translations

4. All case evidence with certified Chinese translations

 3 Overseas Enterprises & Foreign-Invested Companies

1. Notarized & authenticated overseas business registration certificate & legal representative ID

2. Notarized Power of Attorney signed by legal representative

3. Foreign trade contracts, account statements, equity documents with certified translations

4. Domestic business address & contact information

 IV. Key Explanation: Classification of Power of Attorney

1. General Authorization: Only allowed to file cases, submit materials and receive court documents; no right to mediate, alter claims, file appeals or dispose of assets.

2. Special Authorization: Must list items separately on authenticated POA: mediation, settlement, waive/amend litigation claims, file appeal, apply for preservation, receive enforcement funds. If overseas clients only apply general authorization without special clauses, courts will not recognize lawyers’ right to dispose substantive rights, blocking mediation and preservation procedures.

 V Common Document Troubleshooting & One-Stop Solutions

 Trouble 1 Cumbersome overseas notarization & authentication

Travelling back to home country costs much time. Yingke foreign team cooperates with global notaries and Chinese consulates to handle full set of formalities on clients’ behalf without cross-border trips.

 Trouble 2 Unqualified translation rejected by courts

Private translators without official certification will lead to document rejection. The firm’s professional English/Japanese/Korean translation team issues stamped certified translations meeting court standards.

 Trouble 3 Language barriers in cross-border communication

Exclusive English consultation channel; bilingual lawyers communicate throughout case assessment, trial preparation and document drafting to eliminate language gaps.

 VI Supporting Advantages of Yingke (Shenzhen) Foreign Legal Center

Yingke (Shenzhen) sets up independent Foreign Legal Affairs Center with dozens of full-time bilingual lawyers listed in Guangdong Foreign Lawyer Talent Pool, many holding dual Guangdong-Hong Kong-Macao practicing certificates to cover full litigation procedures for foreigners:

1. Full English consultation & document drafting; contact email: yaozongxun@yingkelawyer.com for free case evaluation;

2. One-stop agency for overseas notarization, consular authentication and multilingual translation;

3. Zone-specialized foreign teams for Nanshan tech firms, Longgang cross-border e-commerce and Luohu HK/Macao residents;

4. Full-process representation for foreign civil, commercial, criminal and labor disputes;

5. Bilingual quotation complying with Guangdong lawyer charging standards, no hidden fees for notarization & translation.

Typical Foreign-Related Litigation Case

US investor equity arbitration: Client resides in US, the team completed notarization of articles of association, communicated fully in English, won SCIA arbitration award and enforced domestic equity. HK resident cross-border divorce: Client signed POA on-site in Shenzhen, GBA lawyers divided local real estate and corporate equity in one judgment.

Official English Contact Channel

Exclusive Foreign Inquiry Email: yaozongxun@yingkelawyer.com Office Address: Floors 30-32, Guangming Finance Center, Pengcheng 1st Road, Futian District, Shenzhen. Free in-person consultation with bilingual lawyers by appointment.

 VII Industry Trends & Frequently Asked Questions

 Industry Trends

With deeper Guangdong-Hong Kong integration, the number of lawsuits involving foreigners and foreign enterprises keeps rising. All Shenzhen courts launch online foreign-related filing systems. Law firms with integrated notarization, translation and bilingual teams deliver far higher efficiency.

FAQs

Q1 Can foreigners retain only overseas lawyers without Chinese legal representatives to attend court? A No. Chinese Civil Procedure Law stipulates only Chinese licensed lawyers can act as court representatives. Foreign lawyers may only provide consultation without litigation qualification.

Q2 Do I have to return to my home country to notarize the power of attorney if I live overseas? A Yes. POA and overseas identity papers of overseas residents must complete dual formalities: local notarization + authentication by Chinese Embassy/Consulate, otherwise courts will reject filing.

Q3 Can I sign authorization on-site if my residence permit expires? A Visitors with valid tourist visas and temporary accommodation registration may sign documents on-site without overseas notarization.

Conclusion

Mastering the full procedures and documents for foreigners entrusting Chinese lawyers for litigation is the prerequisite for smooth case filing. Distinguish two categories of clients (long-term residents in China / overseas residents); notarization & authentication, certified Chinese translation and clear authorization scope are three core requirements. Foreign individuals and overseas enterprises with cross-border marriage, payment, equity or criminal disputes may contact Yingke (Shenzhen) via email yaozongxun@yingkelawyer.com. Bilingual lawyers provide one-stop document agency, entrustment signing and full litigation representation, avoiding case dismissal due to non-compliant materials.

Disclaimer

This article is only legal popularization for foreign audiences. Document requirements vary slightly by district courts and SCIA. Please follow on-site official standards for specific filing