Mainland China has joined the Apostille Convention: how the documents for inheritance and company formation have changed

In short: public documents made in mainland China can, from 7 November 2023, be submitted in Japan with an "apostille" instead of the former double consular legalisation. This is because China acceded to the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents" (the Hague Apostille Convention, 1961) on 8 March 2023, with entry into force for China on 7 November 2023 (Japan has been a party since 27 July 1970). From the entry-into-force date, a Chinese public document bearing an apostille issued by China's competent authority (the Ministry of Foreign Affairs and authorised local foreign affairs offices) can be used in Japan without consular legalisation by a Japanese consulate in China. Notarial kinship certificates used in inheritance, and investors' notarial certificates and signature certifications used in company formation, are the main documents covered. However, private documents such as contracts and powers of attorney must first be notarised by a Chinese notary office to become public documents, and only then can an apostille be affixed. This article is general information and does not judge or guarantee individual document requirements, forms, or acceptance and registration suitability at the receiving party. Registration based on authenticated documents is for a judicial scrivener, inheritance tax and overseas assets for a tax accountant, and disputes for an attorney. The administrative scrivener of the Yotsuba group handles, as an independent business, guidance on document authentication and support for company formation.

Since when can mainland Chinese public documents be used with an apostille?

The turning point is the date of entry into force. Mainland China acceded to the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents" (1961), administered by the Hague Conference on Private International Law, on 8 March 2023, and it entered into force for China on 7 November 2023. Japan has been a party since 27 July 1970, so from 7 November 2023, when both countries were contracting states, apostilles can be used between them.

Item	Content
Convention	Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Apostille Convention, 1961)
Mainland China's accession	8 March 2023 (deposit of the instrument of accession)
Entry into force for mainland China	7 November 2023
Entry into force for Japan	27 July 1970
Issuing authority (China)	Ministry of Foreign Affairs and authorised local foreign affairs offices
Issuing authority (documents issued in Japan)	Ministry of Foreign Affairs of Japan

An apostille is a certification affixed by the authority of the country that issued the document. Accordingly, a document issued in China is apostilled by the Chinese authority, and a document issued in Japan by the Japanese Ministry of Foreign Affairs. For the general distinction between the apostille, notarisation and consular legalisation, see Which authentication does a cross-border document need? Apostille, notarisation and consular legalisation.

Is the former notary office plus consular legalisation no longer required?

Before the entry-into-force date, using a Chinese public document in Japan required, in addition to the Chinese authentication (notary office notarisation plus certification by the Ministry of Foreign Affairs, etc.), the double step of consular legalisation by a Japanese consulate in China. From the entry-into-force date, for public documents covered by the Convention, that consular legalisation is no longer required and is replaced by a single apostille affixed by the issuing country.

Period	Flow for using a Chinese public document in Japan
Before 7 November 2023	Notary office notarisation → certification by China's Ministry of Foreign Affairs / local foreign affairs office → consular legalisation by a Japanese consulate in China, etc.
From 7 November 2023	Notary office notarisation (for private documents) → apostille by the competent authority (no consular legalisation)

That said, whether an apostille suffices is ultimately decided by the receiving party (registry office, bank, government office, etc.). Right after the switch, the receiving party's practice may not have caught up, so confirm with the receiving party before preparing the documents. Whether a document made in mainland China is a "public document" or a "private document" changes the entry point, as the next heading explains.

For inheritance, do you obtain the power of attorney and the kinship certificate by which method?

The key is whether the document is public or private. A kinship certificate or birth certificate prepared by a Chinese notary office is treated as a public document and can bear an apostille from the competent authority. By contrast, private documents such as a power of attorney, consent form or affidavit signed by the heir cannot bear an apostille as they are. They must first be notarised by the notary office (including certification of the signature) to become public documents, and only then can an apostille be affixed.

Document	Nature	Typical flow
Kinship certificate, birth certificate	Public document (prepared by a notary office)	Notary office → apostille
Power of attorney, consent to the estate division	Private document	Notary office notarisation → apostille

The practice premised on the former notary office plus consular legalisation, for procedures involving heirs from mainland China, is covered in Heirs from mainland China and kinship certificates / consular legalisation. For the whole picture where the heir lives overseas or has a foreign nationality, see When the heir lives overseas or has a foreign nationality. Inheritance registration (change of title of real estate) using authenticated documents is handled by a judicial scrivener, inheritance tax and the taxation of overseas assets by a tax accountant, and disputes among heirs by an attorney, each as an independent business.

For company formation (residence status, articles of incorporation), how do you prepare investors' documents?

When a foreign individual or company forms a company in Japan, authentication of home-country documents is also needed. For an investor from mainland China, you prepare the person's signature certification, or a certificate corresponding to the registration of a corporate investor, with a Chinese apostille. From the entry-into-force date, there is in principle no longer a need to add consular legalisation on top of these.

Situation	Documents likely to need authentication	Flow of preparation
Individual investor	Signature certification (private document notarised by a notary office)	Notary office → apostille
Corporate investor	Certificate corresponding to registration, certificate of the representative's authority	Issuance and notarisation in the home country → apostille
Residence status "Business Manager"	Business plan, documents backing the investment	Judge public/private document for each document

Have a question about your situation?

Tell us about your residency, permit or administrative procedure enquiry.

Chat on LINEContact us

For the whole picture of the "Business Manager" residence status and company formation, see The "Business Manager" residence status and company formation by entrepreneurs from the Greater China region. Notarisation of the articles of incorporation is for a Japanese notary, and registration of incorporation is the field of a judicial scrivener. The administrative scrivener of the Yotsuba group supports, as an independent business, the preparation and translation of documents requiring authentication and guidance on notary office and Ministry of Foreign Affairs procedures.

Are documents from Hong Kong, Macau and Taiwan covered by the apostille?

Even within the Greater China region, the route differs by region because the way each joined the Convention differs. Mistaking this means redoing the authentication.

Region	Certification used	Main issuing authority / window
Mainland China	Apostille (in force from 7 November 2023)	Ministry of Foreign Affairs / authorised local foreign affairs offices
Hong Kong, Macau	Apostille (covered by the Convention from before, separately from the mainland's accession)	Hong Kong: the High Court; Macau: the designated competent authority
Taiwan	Not covered by the Convention (the apostille is not used)	Japan-Taiwan Exchange Association, Taipei Economic and Cultural Representative Office

Hong Kong and Macau, as special administrative regions, have been covered by the Convention from before, separately from the mainland's accession on 7 November 2023. The issuing authority differs from the mainland. Taiwan is not a contracting party to the Convention, so the apostille cannot be used; between Japan and Taiwan, certification and authentication are done through bodies such as the Japan-Taiwan Exchange Association. The sale and use of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business (Inheritance and Real Estate). Please also see our Services, Engagement Flow and Fee Schedule. You contract with each professional separately as an independent business, and we receive no referral fee from one another.

FAQ

Q. Can I still use a document with consular legalisation obtained before 7 November 2023?
A. An authentication that was validly completed does not become retroactively invalid, but the receiving party may require the latest form or method. For documents you obtain anew, prepare them by the apostille method in principle. Which method is accepted is ultimately decided by the receiving party, so confirm with the receiving party before preparing the documents.

Q. If there is an apostille, is a translation into Japanese no longer needed?
A. No. An apostille certifies "that the document is genuine" and is separate from a translation of the content. When submitting to a Japanese receiving party, attaching a Japanese translation is standard practice. Whether a translation is needed and its form differ by receiving party. The administrative scrivener of the Yotsuba group supports, as an independent business, the preparation and translation of documents requiring authentication.

Q. Can an heir's power of attorney from mainland China be apostilled directly?
A. No. A power of attorney is a private document, so it must first be notarised by a Chinese notary office to become a public document, and only then can the competent authority's apostille be affixed. A public document such as a kinship certificate prepared by a notary office can proceed to the apostille after the notary office prepares it.

Q. Once authentication is done, can I ask your office for the inheritance registration or company formation application?
A. The work of an administrative scrivener extends to supporting the preparation and translation of documents requiring authentication and guiding the procedure. The application agency for inheritance registration of real estate or registration of company incorporation is for a judicial scrivener, the taxation judgement for inheritance tax and overseas assets is for a tax accountant, and disputed situations are for an attorney, each contracted separately as an independent business. Our office receives no referral fee.

Sources (Primary Information)

• Hague Conference on Private International Law (HCCH), status table of the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents" (1961) (Convention 12). Mainland China: accession 8 March 2023, entry into force 7 November 2023; Japan: entry into force 27 July 1970 (accessed 2026-10-02)
• Ministry of Foreign Affairs of Japan, explanation of "Authentication (Public Seal Confirmation / Apostille)" (an apostille is affixed by the competent authority of the issuing country; consular legalisation is not required if the receiving party is a contracting state) (accessed 2026-10-02)
• Japan-Taiwan Exchange Association, "Certification Services" (the window for certification and authentication with Taiwan, not based on the Convention) (accessed 2026-10-02)
• e-Gov Law Search, "Notary Act" (Act No. 53 of 1908), Articles 1 and 58 (certification of private deeds; the basis that a private document becomes a public document through a notary's certification) (accessed 2026-10-02)

This article is general information and does not judge or guarantee individual requirements for, or forms of, document authentication, the handling by each receiving party, or the suitability of an authenticated document as an attached document for registration or its evidentiary value in court. Which method is accepted is ultimately decided by the receiving party, so confirm with the receiving party before preparing the documents. The application agency for inheritance registration of real estate and registration of company incorporation using authenticated documents is by a judicial scrivener; individual taxation judgement such as inheritance tax and overseas assets is by a tax accountant; negotiation and legal judgement where there is a dispute among heirs or parties is by an attorney; and notarisation and authentication on the Chinese side is by a local notary office or attorney, each as an independent business under a separate contract. The sale and use of inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business, and no referral fee is exchanged with our office. The administrative scrivener of the Yotsuba group supports, as an independent business, the preparation and translation of documents requiring authentication and guidance on and collection of documents for notary office and Ministry of Foreign Affairs procedures. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.