International notary

Hong Kong Lawyer Notarization

Hong Kong lawyer notarization, also known as Hong Kong lawyer witnessing, is generally used for statutory submission documents when Hong Kong enterprises establish representative offices or Hong Kong-funded companies in Mainland China. It can also be used when Hong Kong companies purchase real estate in the mainland.

Hong Kong lawyer notarization is issued by a Hong Kong lawyer (also known as a China-appointed notary public) and is stamped with a special seal from the Ministry of Justice of the People's Republic of China.

Notarization is an activity that verifies the authenticity and legality of civil legal actions, legally significant facts, and documents.

Hong Kong lawyer notarization is required in the following scenarios

1.When Hong Kong residents travel to the mainland for family visits, settlement, child adoption, or marriage;

2.When Hong Kong enterprises invest or conduct business in the mainland, or when mainland residents invest or conduct business in Hong Kong;

3.When Hong Kong enterprises establish representative offices or Hong Kong-funded companies in the mainland, as required for statutory document submission. It can also be used for Hong Kong companies purchasing real estate in the mainland.

Scope of Hong Kong Lawyer Notarization

1.Personal Certification Category

Identity Proof: Includes nationality, passport information, ID card information, birth certificate, marriage certificate, etc.

Proof of ownership: For properties or enterprises as an owner, shareholder, or director.

Proof of income: Bank credit, economic status, written documents, signed economic contracts, house purchase agreements, loan agreements, guarantee contracts, and other personal data.

2.Corporate Certification Category

Proof of limited company details: Including registered address, personal identification of shareholders and directors, board resolution, registration certificate, business registration certificate, annual return, corporate establishment form, and articles of association (including updates if any).

3.Handling Power of Attorney for Mainland Affairs

For individuals and corporate certifications, Hong Kong residents or companies registered in Hong Kong handling mainland affairs may do so through a power of attorney, allowing the agent to handle matters in the mainland.

4.Establishing Offices in the Mainland

Engaging with mainland enterprises or other economic organizations in agreements such as joint ventures, cooperative enterprises, compensation trade contracts, goods sales contracts, loan contracts, financial leasing contracts, land use right transfer contracts, real estate sales and leasing contracts, project contracting, and enterprise contracting. This also includes participating in international bids, signing related to litigation, applying for trademarks, design patents, and invention registrations.

Documents obtained after notarization by a Hong Kong lawyer

After the notarization by a Hong Kong lawyer, the notary issues a notarial certificate, which includes one original and one copy. Additional originals or copies can be provided for an extra fee.

Embassy Authentication

Embassy authentication refers to the act by which the diplomatic, consular, and authorized agencies of one country confirm the last signature or seal of a notarizing or certifying authority on a foreign document.

The purpose of authentication is to ensure that a notarial document issued by one country can be recognized by the relevant authorities of another country, preventing any doubt about the authenticity of the signatures or seals on the document from affecting its legal effectiveness. This is typically referred to as making the document effective outside its jurisdiction.

Embassies, following the provisions of the Vienna Convention on Consular Relations and other related regulations, accept applications for authentication within their consular districts.

Chinese embassy authentication is an authoritative government document authenticated by lawyers, the Ministry of Foreign Affairs, and the First Secretary of the Chinese Embassy in the UK.

The primary use of such authentication is to ensure that documents produced in the UK are legally valid for use in China. This is most commonly required when companies from British territories such as the UK, the British Virgin Islands, the Cayman Islands, Seychelles, or Samoa invest in China. The Chinese Ministry of Commerce and the Industry and Commerce Department require embassy authentication of the foreign company's legal status to confirm its legality and validity when processing foreign investments.

Basic Procedure for Embassy Authentication

1.Submit the document to a locally qualified notary for notarization.

2.Send the notarized document to the Ministry of Foreign Affairs of the country for authentication, or to an authorized agency.

3.Submit the notarized and authenticated document to the Chinese embassy in that country to apply for embassy (consulate) authentication.

Purpose of Embassy Authentication

Documents from China that are to be used abroad need to be authenticated by the embassy of the respective country located in China. Documents from other countries that are to be used in China require authentication by the Chinese embassy in that country.

For foreign documents to be used within China, they must first be translated into Chinese. The translation costs are charged additionally based on the word count.

Hague Apostille

The Hague Apostille, officially known as the Apostille Convention, or the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (commonly referred to as the "Hague Convention"), is a form of authentication.

The Hague Apostille is issued uniformly by government agencies of Hague Convention member countries (typically the country's Department of Foreign Affairs or the Supreme Court). It is widely recognized by other countries. The process involves a secondary authentication of the original issuer of the certification (usually the local notary office), and includes the affixing of a stamp or label on the apostille certificate. It's important to note that the Hague Apostille does not certify the content of the document itself, but rather, it certifies the authenticity and authority of the original issuer to certify the document.

Types of Documents for Hague Apostille

1.Personal Documents for Hague Apostille:

Birth certificates, death certificates, marriage certificates, court divorce decrees, certificates of no impediment (single status certificates), green cards, passports, adoption and foster care documents, family relationship certificates, wills, criminal records, property deeds, transcripts, educational diplomas, professional qualifications, etc.

2.Corporate Documents for Hague Apostille:

Registration certificates, corporate status, agreements, contracts, powers of attorney, declarations, certifications, letters of appointment, trademark certificates, proof of assets, creditworthiness, director and shareholder information, company bylaws, meeting minutes, company name change documents, invoices, certificates of origin, customs declarations, product certificates, product descriptions, and other corporate documents.

3.Third-Party Institutional Documents:

Content from government websites, police department letters, customs reports, government reports, etc.

Steps for Obtaining a Hague Apostille

1.First, have the document notarized by a locally qualified notary public.

2.Next, submit the notarized document to the local authority responsible for issuing Hague Apostilles for certification.

Purpose of Hague Apostille

The Hague Apostille is designed to simplify the process of using documents across different countries or regions, where the lack of a unified standard or system can cause significant inconvenience in work or daily life. The Hague Apostille was created to address legal conflicts between countries and to progressively unify international judicial standards.

For example, if documents from a company in the United States need to be used in Spain, and since both the United States and Spain are members of the Hague Convention, the documents only need to be apostilled once in the United States. After this, they can be directly used in Spain without further legalization. This greatly facilitates the international use of documents without the need for additional certification in each country.

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