Tips for signing documents to be used in China
Time:2024-08-11 10:10:05Source:Click:次
As a lawyer in China, I often represent foreigners in litigation cases or assist foreign companies with their commercial legal matters in China. While preparing legal documents, the signing process is often overlooked or seen as merely a formality. However, this seemingly minor step can significantly impact the progress of legal matters if not handled properly. Below, I share some insights based on my experience.
Signing Documents as an Individual
Due to cultural differences, there is a notable distinction between how Westerners and Chinese people sign documents. In Chinese documents, such as application forms, there is typically a single space labeled "signature" where the applicant is expected to sign.
In contrast, English documents often have a signature field that looks like this:
Printed Name
Signature
The addition of a "Printed Name" field stems from the fact that Chinese signatures are usually derived from the characters in their names, making it easier to identify the signer's name from the signature alone. However, Western signatures tend to be abstract, making it difficult to discern any specific letters or words. Hence, the need for a printed name alongside the signature.
Considerations for Foreign Companies or Organizations Signing Documents
In China, the use of official seals is common practice. Every legally established entity, whether a company, government agency, or other organization, is assigned an organizational code and an official seal. When an entity signs a document, it typically affixes its official seal, which serves as the entity's acknowledgment of the matter at hand.
For entities from countries that do not use an official seal system, it is essential to confirm that the person signing on behalf of an organization is indeed authorized to do so. This authorization can be demonstrated through a power of attorney, meeting resolutions, relevant organizational documents, or registration records.
Using the Appropriate Pen
While drafting legal documents may seem complex, the signing process itself is often perceived as straightforward. However, even this simple step can lead to issues, particularly due to differences in signing habits between Eastern and Western individuals.
In China, it is customary to sign documents using a black carbon ink pen. In contrast, Westerners often prefer blue ballpoint pens for signatures, as this makes it easier to distinguish between original documents and copies. However, in China, documents submitted to government agencies, such as complaints to the court or registration applications to administrative bodies, must be signed using black carbon ink or blue-black ink pens. This requirement is based on the stability of carbon ink, which ensures that signatures remain legible for years. In contrast, ballpoint pen ink can react with air over time, causing signatures to become blurred, which is unsuitable for documents that need to be preserved long-term.
When foreigners sign documents in my presence, the process usually goes smoothly, as I can guide them on the spot. However, issues often arise when we prepare electronic documents and send them to clients overseas for signing. Since most foreigners cannot read Chinese characters, we must carefully mark each signing field, a task that requires significantly more effort than in-person signing.
Moreover, because Westerners are accustomed to using ballpoint pens, I always remind clients when sending electronic documents, "Do not use a ball pen. Use a pen with black ink." Despite these reminders, I have occasionally received signed documents with the glaring blue ink of a ballpoint pen in the signature field—a frustrating discovery.
