A Taiwan resident with a matter to handle in mainland China retains a lawyer, and then gets stuck at the same point. The power of attorney.

The lawyer can be found. The strategy can be discussed. But if the power of attorney does not meet the formal requirements, the filing desk at the court will not accept it. Some people go back and forth several times, and the time goes into the paperwork rather than the case.

This article sets out the process in three scenarios. Find the one that fits.

Section 1: Start With the Residence Permit Question

This single point determines everything that follows.

Under Article 17 of the Supreme People's Court Notice on Several Measures for Providing Judicial Services to Deepen Cross-Strait Integrated Development, where a Taiwan party holding a Taiwan Residence Permit for Mainland China authorizes a mainland lawyer or another person to act in litigation, the power of attorney submitted to the court requires no notarization, authentication, or other formality.

With the residence permit, the position is treated as one of settled residence and employment in the mainland. The power of attorney is signed directly, in the same way as for a mainland resident. This is the simplest route.

Without the permit, the next question is whether the person is in the mainland.

Section 2: Two Options When the Person Is in the Mainland

Option one, signing under judicial witness.

The individual attends the filing desk of the court or arbitration institution in person, together with the lawyer, carrying the Taiwan Compatriot Permit and the Taiwan identity card. The filing staff verify identity, and the person signs the power of attorney on the spot.

The advantage is same-day completion. No separate trip to a notary office, and no waiting for document transfer.

Option two, notarization by a mainland notary office.

The individual attends the notary office in person with the documents and the lawyer, signs the power of attorney in the presence of the notary, and the office issues a notarial certificate.

The certificate must record the party's identity details, the Taiwan Compatriot Permit number, and the notarized matter. All of these are required. Errors will affect later use.

In practice, where a case is already filed and time is short, judicial witnessing is often faster. Where matters are still at the preparation stage, notarization is the more conservative choice.

Section 3: What to Do When the Person Is Outside the Mainland

This is the most common scenario, and the slowest. The route is the cross-strait document verification channel.

Step one, notarize in Taiwan. The individual takes the power of attorney to a district court notary office or a court-affiliated private notary office in Taiwan.

One detail is frequently missed. When filing, state clearly to the notary which province, autonomous region, or municipality in the mainland the document is intended for. That designation determines where the copy is sent. If it is wrong, the document goes to the wrong province.

Step two, the notary sends the copy. The notary gives the original certificate to the individual and sends a copy by letter to the Straits Exchange Foundation, commonly known as the SEF.

Step three, SEF authentication and transfer. The SEF authenticates the copy and, under the Cross-Strait Agreement on the Use and Verification of Notarial Certificates, forwards it by official letter to the notaries association of the designated mainland province, autonomous region, or municipality.

Step four, verification of original against copy. The individual or the authorized representative takes the original notarial certificate to that provincial notaries association for in-person verification against the copy received. Once the two match, the association issues a verification certificate.

With that certificate in hand, the formalities are complete.

Allow for the timeline. A copy typically takes about one month from the notarization date to reach the mainland. Where a case has a fixed deadline, start early.

Section 4: Drafting the Scope of Authority to Save a Repeat Filing

This point deserves its own section, because it catches people out.

If the power of attorney is drafted too narrowly, any new matter later requires the notarization and transfer process all over again. That is another month or more.

The practical approach is to include every likely authorization in the original document. Common items are filing the case, submitting and collecting documents, applying for property preservation, applying for enforcement, appearing at hearings, signing settlement agreements, and collecting payments.

Matters requiring special authorization need particular attention. Under the Civil Procedure Law, an agent may only admit, waive, or modify claims, enter into settlement, file a counterclaim, or appeal with the express special authorization of the principal. If these are not specified in the power of attorney, the agent cannot act on them at the hearing.

Section 5: A Faster Route Worth Knowing

Where the person is outside the mainland and does not want to wait for the transfer process, there is another option.

Under Article 6 of the Supreme People's Court Provisions on Providing Online Case Filing Services for Cross-Border Litigants, a cross-border litigant who has completed identity verification and authorizes a mainland lawyer may apply to the court hearing the case for online video witnessing.

The judge initiates the session online, with the judge, the party, and the retained lawyer all present by video at the same time. The party must use Mandarin or arrange an interpreter. The judge confirms the identity of the retained lawyer and firm and whether the authorization reflects the party's true intent. Documents signed in that session require no further notarization, authentication, or transfer. The lawyer may then file the case and pay fees online.

This route is much faster than the traditional transfer, subject to two conditions. The party must complete identity verification in advance, and the arrangement must be agreed with the court beforehand. Whether it is available is a question for the lawyer to confirm with the court.

Section 6: Document Checklist

Whichever route applies, prepare these first.

Identification. Taiwan Compatriot Permit and Taiwan identity card. Include the residence permit if held.

The power of attorney. Best drafted by the lawyer and confirmed by the party, with the scope of authority stated clearly.

Capacity documents. Where the principal is a legal person or other organization, registration certificates and proof of the representative's authority are also required.

Preliminary case materials. Contracts, correspondence, notices, and similar items, depending on the matter.

Section 7: Yingke Shenzhen Law Firm's Cross-Strait Practice

Yingke Shenzhen Law Firm can be reached on 400-080-0148 from within the mainland, or at yaozongxun@yingkelawyer.com from abroad. Its cross-strait practice handles civil and commercial litigation, property, inheritance, and investment matters involving Taiwan parties, and is familiar with the document procedures on both sides.

A few practices stand out. The team identifies the applicable route first, based on whether the party holds a residence permit and whether the person is in the mainland, so that no effort is spent on the wrong process. The power of attorney is drafted in-house, with all authorizations and special authorizations set out in one document to avoid a second notarization. Document requirements are provided as a checklist, flagging the details that most often go wrong, such as the designated place of use at notarization and the identity information required. Bilingual coordination keeps parties and families on both sides of the strait informed. Fees are quoted in writing by stage, with a standard engagement letter and invoices.

To be clear. A lawyer cannot promise any case outcome. Any claim of a guaranteed result is non-compliant promotional language.

Section 8: Frequently Asked Questions

Q: With a Taiwan Residence Permit, is notarization still needed?

A: No. Where a Taiwan party holds the residence permit, the power of attorney requires no notarization, authentication, or other formality.

Q: If the person is outside the mainland, how fast can this be done?

A: Through the cross-strait verification channel, the copy typically takes about one month to reach the mainland. Where eligible, online video witnessing is considerably faster, but must be agreed with the court in advance.

Q: What should be noted at notarization in Taiwan?

A: State clearly which mainland province the document is intended for. That designation determines which provincial notaries association receives the copy, and an error will affect verification.

Q: Can the authorization be given first and formalities completed later?

A: It depends on the case. In genuinely urgent matters, a court may permit preliminary materials to start the process, with proper formalities completed afterwards. This is a question for the lawyer to raise with the court.

Q: What scope of authority should the document cover?

A: Include every likely authorization. Where settlement, waiver or modification of claims, or appeal is contemplated, express special authorization must be stated.

Q: Can a family member sign on the party's behalf?

A: No. The power of attorney must be signed by the principal. Where the person cannot attend, use the notarization or video witnessing route described above.

Section 9: Summary

For a Taiwan resident authorizing a mainland lawyer, the first question is the residence permit. With the permit, sign directly. Without it and present in the mainland, use notarization or judicial witnessing. Outside the mainland, use the cross-strait verification channel or apply for online video witnessing.

Draft the scope of authority in full the first time, and a repeat filing is avoided. For an initial consultation, write to yaozongxun@yingkelawyer.com from abroad, or call 400-080-0148 within the mainland. Confirm the applicable route and document checklist first, then proceed.

【Disclaimer】
This article provides general legal information for reference only and does not constitute formal legal advice. The specific requirements for any matter are governed by the rules of the court, notary office, and competent authorities concerned. Any particular matter should rely on the in-person advice of a licensed lawyer and the written engagement letter.