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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 03:36
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Chapter Law Content

Chapter 2 Document Authentication
Article 8
The Ministry may authenticate the original copy or exemplification of the following documents:
1. Documents notarized or attested by an ROC notary public;
2. Certificates issued by, or documents notarized or authenticated by, overseas missions; and
3. Certificates issued by, or documents notarized, attested, or authenticated by, diplomatic missions in the ROC or representative offices or agencies authorized by foreign governments.
The Ministry may authenticate photocopies of the following documents:
1. Documents authenticated in accordance with this Act; and
2. Certificates issued by overseas missions.
Article 9
An overseas mission may authenticate the original copy or exemplification of the following documents:
1. Documents authenticated by the Ministry;
2. Notarial certificates from mainland China verified or authenticated by institutes established or designated by, or private organizations commissioned by, the Executive Yuan;
3. Documents notarized or attested by a notary public within the consular jurisdiction;
4. Documents issued or authenticated by local government agencies within the consular jurisdiction;
5. Documents issued or authenticated by an embassy, consulate, or representative office of a foreign country that falls within the consular jurisdiction; and
6. Private documents issued or executed by the parties concerned within the consular jurisdiction.
Photocopies of the documents mentioned in the preceding paragraph which have been certified as a true copy by the issuing authority or its superior authority may also be authenticated by an overseas mission.
An overseas mission may authenticate photocopies of the following documents:
1. Documents authenticated in accordance with this Act; and
2. Photocopied documents certified as identical copies by the Ministry in accordance with Subparagraph 2 of Article 16 of this Act.
Article 10
The overseas mission shall only provide legalization of documents issued within its jurisdiction. However, an exception shall be made if the application is deemed a special case and document verification is not difficult upon approval from the Ministry.
Article 11
The Ministry or any overseas mission shall reject applications for document authentication under any of the following circumstances. However, where possible, the Ministry or overseas missions may allow the applicant to provide supplemental information within a requested time period.
1. The application is not within the scope of items for document authentication, as defined in this Act;
2. The application is submitted to an overseas mission not having proper consular jurisdiction, in violation of the preceding article.
3. The purpose of the application or the content of the document is clearly in violation of ROC law, inimical to national interests, inconsonant with public order or morals, or otherwise inappropriate.
4. The purpose of the application or the content of the document is clearly in violation of international treaties or customs, or the local statutes of the country or area within the consular jurisdiction of the overseas mission.
5. The document is clearly a forgery, counterfeit, or has been fraudulently altered.
6. The document cannot be verified because the agencies of relevant countries or areas refuse to provide assistance, or due to other reasons.
7. The photocopy submitted in accordance with Paragraph 2 of Article 9 of this Act has not been certified by the issuing authority or its superior authority.
8. The document has yet to be authenticated, notarized, or attested to by relevant authorities or a notary public in accordance with a request from the overseas mission as stipulated in Paragraph 2, in Subparagraph 2 of Paragraph 3, and in Paragraph 4 of Article 12 of this Act.
9. The original copy or the exemplification of the document has not been submitted in accordance with Paragraph 1 of Article 13 of this Act.
10. The application does not meet relevant legal formalities or other requirements.
For documents issued in countries or areas which do not recognize authentication by the ROC, the application for authentication may be rejected.
Article 12
In the conduct of document authentication as stipulated in Paragraph 1 of Article 8, the Ministry shall compare and verify whether the signature or seal of the authorized signatory on the original copy or its exemplification conforms to the signature or seal on file.
In conducting document authentication as stipulated in Subparagraphs 1-5 of Paragraph 1 of Article 9, an overseas mission shall compare and verify whether the signature or seal of the authorized signatory on the original copy or its exemplification conforms to the signature or seal on file. Where there is no signature or seal on the document or no file to compare with, the overseas mission may request that the applicant submit the document for authentication to the superior authority of the document’s issuing authority or to the competent authority which has provided its specimen signature or seal to the overseas mission; or it may verify the existence of the document in form by other appropriate means.
An overseas mission may conduct document authentication as stipulated in Subparagraph 6 of Paragraph 1 of Article 9 by the following means:
1. When authenticating the validity of an applicant’s signature or seal on a private document, the overseas mission shall request that the applicant sign the document in person or acknowledge the signature or seal as his or her own in front of a consular officer or other person designated by the head of the overseas mission.
2. When authenticating other private documents, the overseas mission may request that the document be notarized, attested to, or authenticated by a notary public or relevant competent authority in its consular jurisdiction before being submitted to the overseas mission; or it may verify the existence of the document in form by other appropriate means.
When conducting authentication of photocopies of documents as stipulated in Paragraph 2 of Article 9, an overseas mission shall compare and verify whether the signature or seal of the authorized signatory of the issuing authority or its superior authority, which certifies photocopies of the documents as true copies, conforms to the signature or seal on file. Where there is no signature or seal to compare with, the overseas mission may request that the applicant submit the document for authentication to the superior authority of the document’s issuing authority or its competent authority which has provided its specimen signature or seal to the overseas mission; or it may verify the existence of the document in form by other appropriate means.
Article 13
When authenticating photocopies of documents stipulated in Paragraph 2 of Article 8, or Subparagraph 1 of Paragraph 3 of Article 9, the Ministry or overseas mission, respectively, shall request that the applicant provide the original copy or its exemplification and verify whether the photocopy and the original copy are identical and whether the signature or seal of the Ministry or the overseas mission on the original copy or its exemplification is authentic.
In the conduct of document authentication as stipulated in Subparagraph 2 of Paragraph 3 of Article 9, an overseas mission shall verify the validity of the existence of the document in form by appropriate means.
Article 14
Once the submitted document has been authenticated in accordance with this Act, the Ministry or the overseas mission shall issue a legalization certificate in accordance with Article 7 of this Act. Where necessary, other notes may be added after an investigation has been made into the substantive content of the document. Applications shall be rejected where a document is found to be inauthentic.
Article 15
Document authentication only certifies the authenticity of the signature or seal of the document’s issuing authority, authorized signatory, or the existence of the document in form. It does not validate the contents of the document for which it was issued.
Article 15-1
Documents issued in the territory of a nation having signed with the ROC a written agreement on abolishing relegalization requirements, after being legalized by the competent authority designated by said nation’s government, shall have the same legal effect as if legalized by the relevant ROC overseas mission.
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