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Notarization in Hong Kong

 

Hong Kong commissioned notary:
 
In order to strengthen the entrusted notary system, to strengthen the management of the entrusted notary public, to improve the quality of commissioned notarization, to protect the legitimate rights and interests of the principal, in order to handle the certificate of the certificate, the commission of the notary public association to make the provisions of the "management approach" The development of "China commissioned notary public to apply for notarized documents rules", asked to entrust the notary public to apply for notarized documents in accordance with the "rules of accreditation," the provisions of the rules. All notarized documents must be entrusted by the Chinese notary public in person, personally review the relevant documents, review the identity of the parties, witness the signature of the parties, and personally signed in the notarized documents. In special circumstances, the need for the mainland notary public or other agencies to assist in handling, should obtain the consent of the parties can be carried out ‘; commissioned by the notary public to apply for notarized documents must be legal, authenticity.
 
The scope of business of the notary public is to prove that the legal action in the Hong Kong area, the legal significance of the incident and the instrument; the scope of the use of the certificate in the Mainland commissioned by the notary public issued by the use of notarized documents, subject to Chinese legal services (Hong Kong ) Co., Ltd. (hereinafter referred to as the company) stamped to confirm the use.
"China commissioned notary public (Hong Kong) Management Measures No. 69." Since April 1, 2002 from the implementation of the original No. 34 "China commissioned notary public (Hong Kong) management approach" at the same time abolished.
 
If a company is required to set up an office, a representative office, a reception desk or a foreign company or a Chinese-foreign joint venture in Hong Kong, the Hong Kong company must handle the matter in accordance with the Document No. 69 of the Administrative Commission of the People‘s Republic of China (Hong Kong) , Notarized before they can invest in the Mainland.
Notarized documents classification and proof, format and requirements (commissioned by the Hong Kong notary public for the use of notarized documents)
Part I: Classification and Certification of Notarized Instruments
First, the classification of notarized instruments
1.1 Declaration
1.1.A apply for a marriage statement with mainlanders
1.1.B. apply for a marriage certificate (marriage) proof statement
1.1.C. Inheritance (abandon inheritance) Declaration of origin
1.1.D. apply for mainland relatives to come to Hong Kong statement
1.1.E. Application to return to the Mainland to raise children‘s declaration
1.1.F. Mainland people to study abroad economic guarantee statement
1.1.G. other statements
1.2 Proof of legal documents signed unilaterally
The applicable range is:
1.2.A Personal Power of Attorney
1.2.B. company commission (authorization) book
1.2.C. gift book
1.2.D. gift book
1.2.E. Other unilateral signed legal instruments
 
1.3 Prove legal facts
1.4 Original and photocopy of the supporting documents
1.5 Proof of legal instruments signed by both parties or parties
Second, the notarized documents to prove the way
2.1 certificate
2.2 Proof in the form of a testimony signed and signed directly in the documents signed or provided by the parties
Part II: The format and requirements of notarized instruments
Class 1: Proof statement
The second category: to prove that the unilateral signed legal instruments
The third category: to prove the legal facts
Category 4: Original and photocopy of supporting documents
Category 5: Proof of legal instruments signed by both parties or parties
The first part: the classification of notarized documents and proof of proof
First, the classification of notarized instruments
1.1 Declaration
1.3 Prove legal facts
1.4 Original and photocopy of the supporting documents
1.5 Proof of legal instruments signed by both parties or parties
1.2 Proof of legal documents signed unilaterally
Second, the notarized documents to prove the way
2.1 certificate
2.2 Proof in the form of a testimony signed and signed directly in the documents signed or provided by the parties
Part II: The format and requirements of notarized documents
Class 1: Proof statement
The second category: to prove that the unilateral signed legal instruments
The third category: to prove the legal facts
Category 4: Original and photocopy of supporting documents
Category 5: Proof of legal instruments signed by both parties or parties
The applicable range is:
1.1.A apply for a marriage statement with mainlanders
1.1.B. apply for a marriage certificate (marriage) proof statement
1.1.C. Inheritance (abandon inheritance) Declaration of origin
1.1.D. apply for mainland relatives to come to Hong Kong statement
1.1.E. Application to return to the Mainland to raise children‘s declaration
1.1.F. Mainland people to study abroad economic guarantee statement
1.1.G. other statements
1.2 Proof of legal documents signed unilaterally
1.2.A Personal Power of Attorney
1.2.B. company commission (authorization) book
1.2.C. gift book
1.2.D. gift book
1.2.E. Other unilateral signed legal instruments
1.3 Prove legal facts
The applicable range is:
1.3.A. Limited
1.3.B. unlimited company
1.3.C. Board of Directors Resolution
1.3.D. get married
1.3.E. Other legal facts
 
1.4 Original and photocopy of the supporting documents
The applicable range is:
1.4.A. File originally
1.4.B. Copy of documents
 
1.5 Proof of legal instruments signed by both parties or parties
The applicable range is:
1.5.A. Agreements between individuals (contract, contract)
1.5.B. Contracts signed between individuals and companies, companies and companies (contracts, agreements)
1.5.C. Other legal texts signed by two or more parties
 
Second, the notarized documents to prove the way,
 The applicable range is:
2.1 certificate
2.1.A legal facts
2.1.B. Original and photocopy of the document
2.1.C. Legal documents signed by both parties or parties
 
2.2 Proof in the form of a testimony signed and signed directly in the documents signed or provided by the parties
The applicable range is:
2.2.A. statement
2.2.B. Unilateral signed legal instruments
2.2.C. Legal documents signed by both parties or parties
2.2.D. Original or photocopy of the document
 
Part II: The format and requirements of notarized instruments
Class 1: Proof statement
1.1 Application for marriage with mainlanders
1.1.1 Applicant is unmarried
1.1.1.a. Notarized instrument format Applicable format 1 ---- 1 ---- 1
1.1.1.b. Must attach:
A. A copy of the identity document of the claimant
B. Original Certificate of Marriage Record issued by the Hong Kong Marriage Registry
1.1.1.c. Requirements:
1.1.2. Applicant has been divorced
1.1.2.a. Notarized instrument format Applicable format 1 ---- 1 ---- 2
1.1.2.b. Must attach:
A. A copy of the identity document of the claimant
B. Certificate of absence of marriage issued by the Hong Kong Marriage Registry or application for a certificate of absence without marriage record
C. Declaration of divorce certificate (divorce judgment, divorce mediation, divorce certificate or certificate of relocation) Confirmation of this
1.1.2.c. Attachment: Declaration of marriage certificate
1.1.3. Applicant has been widowed
1.1.3.a. Notarized instrument format Applicable format 1 ---- 1 ---- 3
1.1.3.b. Must attach:
A. A copy of the identity document of the claimant
B. Certificate of absence of marriage issued by the Hong Kong Marriage Registry or application for a certificate of absence without marriage record
C. Photocopy of death certificate of claimant spouse
1.1.3.c. Attachment: Declaration of person‘s marriage certificate
1.1.3.d. Requirements:
1.1.4 Applicants make up for marriage registration
1.1.4a. Notarized instrument format Applicable format 1 ---- 1 ---- 4
1.1.4.b. Must attach:
A. A copy of the identity document of the claimant
B. Original Certificate of Marriage Record issued by the Hong Kong Marriage Registry
 
1.2 apply for a marriage relationship (marriage) proof statement
1.2.1. Apply to the civil affairs department to issue a certificate of "relationship between husband and wife" (for the loss of marriage certificate)
1.2.1.a. Notarized instrument format Applicable format 1 ---- 2 ---- 1
1.2.1.b. Must attach:
 
A. A copy of the identity document of the claimant
B. Original Certificate of Marriage Record issued by the Hong Kong Marriage Registry
1.2.1.c. Attachment:
A. A copy of the identity document of the spouse of the claimant
B. Copy of other documents certifying the relationship between husband and wife
1.2.2. Apply to the notary office for "marriage certificate" (for the 1950 marriage law before marriage)
1.2.2.a. Notarized instrument format Applicable format 1 ---- 2 ---- 2
1.2.2.b. Must attach:
A. A copy of the identity document of the claimant
B. Original Certificate of Marriage Record issued by the Hong Kong Marriage Registry
1.2.2.c. Attachment:
A. A copy of the identity document of the spouse of the claimant
B. Copy of other documents certifying the relationship between husband and wife
 
1.3. Inheritance (abandon inheritance) Declaration of origin
1.3.1. Inheritance
1.3.1.a. Notarized instrument format Applicable format 1 ---- 3 ---- 1
1.3.1.b. Must attach:
A. A copy of the identity document of the claimant
B. Copies of the successor‘s death certificate (death in Hong Kong)
C. In the case of a will, a copy of the will of the heir is required
1.3.1.c. Attachment:
A. A copy of the proof of kinship between the declarant and the successor
B. Copies of death certificates of successors (deaths outside Hong Kong) and other heirs
C. Photocopy of Certificate of Origin
1.3.1.d. Requirements:
The above must be attached to Annex A, B must be confirmed by identification.
In the succession of wills, if the heirs of the heirs are established in Hong Kong, the will must be examined and confirmed legally valid, the specific method is:
I. The Hong Kong High Court; or
Ii). If not by the Hong Kong High Court, the notary public may be identified as follows:
A, to the Hong Kong Law Society to inquire whether the successor in other law firms whether there is a will
B, to the Hong Kong High Court to inquire whether there is a notice
C, in the Hong Kong Government designated to publish a legally effective announcement of the newspaper notice 1, the views of the proposed period of 3 months
D, the heir himself made a statement
E, commissioned by the notary public issued a legally binding legal opinion
 
1.3.2. Abandon inheritance
1.3.2.a. Notarization Document Format Applicable Form 1 ---- 3 ---- 2
1.3.2.b. Must attach a copy of the identity document of the declarant
1.3.2.c. Attachment: Proof of kinship between the declarant and the successor Copy of the document 1.3.2.d. Requirements: The above must be affixed with the identification must be confirmed.
 
1.4 Application for Mainland relatives to come to Hong Kong statement
1.4.1. Apply for spouse to settle in Hong Kong
1.4.1.a. Notarization Document Format Applicable Form 1 ---- 4 ---- 1
1.4.1.b. Must attach:
A. A copy of the identity document of the claimant
B. Declaration of marriage certificate
C. Certificate of absence of marriage certificate issued by the Hong Kong Marriage Registry or application for a certificate of absence without marriage record
D. If a child under 14 years of age has filed an application with a spouse, a copy of the child‘s birth certificate
1.4.1.c. Attachment: Other original or certified copy of the supporting document relating to the cause of the application
1.4.2. Application for Mainland relatives to settle in Hong Kong
1.4.2.a. Notarization Document Format Applicable Form 1 ---- 4 ---- 2
1.4.2.b. Must attach:
A. A copy of the identity document of the claimant
B. A copy of the proof of kinship between the declarant and the respondent
1.4.2.c. Attachment:
A. If the Mainland approves the request of the authorities, the applicant for the application for the arrival of a child is required to provide proof of no children around the child;
B. Other original or certified copies of the supporting documents relating to the reasons for the application
 
1.4.3. Apply for Mainland relatives to come to Hong Kong to take over the industry
1.4.3.a. Notarized instrument format Applicable format 1 ---- 4 ---- 3
1.4.3.b. Must attach:
A. Declaration of identity documents
B. Proof of kinship between the declarant and the respondent
C. Proof of the state of the industry
1.4.3.c. Attachment: Other original or certified copy of the supporting documents relating to the cause of the application
 
1.5 application to return to the mainland to declare their children
1.5.1. Application for adoption
1.5.1.a. Notarized Document Format
Applicants adopt the format 1 ---- 5 ---- 1A
Single adoption format 1 ---- 5 ---- 1B
1.5.1.b. Must attach:
A. Declaration of identity documents
B. Application Form for Adoption of Children Original Form 1 --- 5 --- 1 --- 1
C. The original form of the letter of guarantee 1 --- 5 --- 1 --- 2
D. A copy of a certificate of absence of marriage issued by the Hong Kong Marriage Registry, or a photocopy of a divorce certificate or a copy of a spouse‘s death certificate
E. Original or photocopy of the certificate of occupation and economic income
F. Certificate or certificate issued by the hospital or registered medical practitioner
1.5.1.c. Attachment: Statement No person (Yes) Certificate of Criminal Procedure Record Confirmation
 
1.5.2. Facts Adoption
1.5.2.a. Notarized instrument format
Applicants adopt the format 1 --- 5 ---- 2A
Single adoption format 1 --- 5 ---- 2B
1.5.2.b. Must attach:
A. A copy of the identity document of the claimant
B. A copy of a certificate of marriage without a marriage certificate issued by the Hong Kong Marriage Registry, or a copy of a certificate of divorce or a copy of a spouse‘s death certificate
C. A copy of the Mainland ID card
1.5.2.c. Attachment: A copy of the document (such as adoption agreement, correspondence, remittance certificate, consignment certificate, etc.) that can prove that the adoption relationship exists.
 
1.6 Mainland people to study abroad economic guarantee statement
1.6.a. Notarized instrument format Applicable format 1 ---- 6 ---- 1
1.6.b. Must attach:
A. A copy of the identity document of the claimant
B. Declaration of economic status proof of the original or photocopy of the material
1.6.c. Attachment: Photocopy of admission notice of the guarantor
The second category: to prove that the unilateral signed legal instruments
 
2.1 Personal power of attorney
2.1.1.a. Notarized instrument format Applicable format 2 ---- 1 ---- 1
2.1.1.b. Must attach:
A copy of the identity document of the principal
2.1.1.c. Attachment:
A. Original or photocopy of documents relating to the entrusted matter
B. Photocopies of identity documents of trustees
 
2.2. Company commission (authorization) book
2.2.1.a. Notarized instrument format Applicable format 2 ---- 2 ---- 1
2.2.1.b. Must attach:
A. Company Registration Certificate Confirmation of this or photocopy
B. Announcement of Annual Announcement of Company and Notice of Change of Secretary and Director‘s Information (if any) Confirmation of this or copy
C. Company Business Registration Certificate Confirmation of this or photocopy
D. The resolution of the board of directors of the company or the resolution of the board of directors
2.2.1.c. Attachment:
A. A copy of the identity document of the authorized representative
B. Photocopies of identity documents of trustees
C. Confirmation of this document or other documents relating to the entrusted matter
I) entrust the notary to attend the board meeting of the company in person;
Ii) entrust the notary to confirm directly to all the directors of the company;
Iii) is confirmed in writing by the directors, secretaries or other authorized officers of the Company.
2.3. Gift book
2.3.1.a. Notarized instrument format Applicable format 2 ---- 3 ---- 1
2.3.1.b. Attachment:
A. Photocopies of the identity document of the donor
B. Copy of property certificate of donated property
2.3.1.c. Attachment:
A. Photocopies of identity documents of the recipient
A copy of the proof of kinship between the donor and the recipient
 
2.4
2.4.1.a. Notarization Document Format Applicable Form 2 ---- 4 ---- 1
2.4.1.b. Must attach:
A. Photocopies of identity documents of the recipient
B. A copy of the gift book
2.4.1.c. Attachment: photocopy of proof of kinship between the recipient and the donor
 
The third category: proof of legal fact
3.1. Company registration (registration)
3.1.1. Limited
3.1.1.a. Notarized instrument format Applicable format 3 ---- 1 ---- 1
3.1.1.b. Must attach:
A. Company Registration Certificate Confirmation of this or photocopy
B. Announcement of the Company‘s Annual Return and the Secretary and the Change of Directors‘ Information (if any)
C. Photocopy of Business Registration Certificate of the Company
3.1.2. Unlimited Company
3.1.2.a. Notarized instrument format Applicable format 3 ---- 1 ---- 2
3.1.2.b. Must attach:
A. Photocopy of Business Registration Certificate of the Company
B. Confirmation of Business Registration Application
C. Confirmation of this document or copy of the identity document of the proprietor of the company
 
3.2. Board of Directors Resolution
3.2.1.a. Notarized instrument format Applicable format 3 ---- 2 ---- 1
3.2.1.b. Attachment:
A. Company Registration Certificate Confirmation of this or photocopy
B. Announcement of Annual Announcement of Company and Notice of Change of Secretary and Director‘s Information (if any) Confirmation of this or copy
C. Confirmation of the business registration certificate of the company or photocopy
D. The resolution of the board of directors of the company or the resolution of the board of directors
3.2.1.c. Attachment: A copy of the identity document of the authorized representative
I) entrust the notary to attend the board meeting of the company in person;
Ii) entrust the notary to confirm directly to all the directors of the company;
Iii) is confirmed in writing by the directors, secretaries or other authorized officers of the Company.
 
3.3. Marriage
3.3.1.a. Notarized instrument format Applicable format 3 ---- 3 ---- 1
3.3.1.b. Must attach:
A. Confirmation of the marriage certificate issued by the Hong Kong legal authorities
B. Photocopies of the applicant‘s identity document
3.3.1.c. Attachment: Applicant Spouse Mainland ID card copy
3.3.1.d. Requirements: Must attach Annex A, B must be confirmed by identification.
 
The fourth category: the original and photocopy of the document
4.1 Proof of the use of testimony on the proven documents
4.1.1. The original document
4.1.1.1. The document is verified
4.1.1.1.a. Notarized instrument format Applicable format 4 ---- 1 ---- 1 --- 1
4.1.1.2. The document has been identified
4.1.1.2.a. Notarized instrument format Applicable format 4 ---- 1 ---- 1 --- 2
4.1.2. Copy of documents
4.1.2.1. The original verification is true
4.1.2.1.a. Notarized instrument format Applicable format 4 ---- 1 ---- 2 --- 1
4.1.2.2. The original identification is undoubtedly
4.1.2.2.a. Notarized instrument format Applicable format 4 ---- 1 ---- 2 --- 2
4.1.2.3. Could not be verified and identified
4.1.2.3.a. Notarized instrument format Applicable format 4 ---- 1 ---- 2 --- 3 (June 2005 update)
 
4.2 with "certificate" way to prove
4.2.1. The original document
4.2.1.1. The document is verified
4.2.1.1.a. Notarization Document Format Applicable Form 4 ---- 2 ---- 1 --- 1
4.2.1.1.b. Annex The original document was certified
4.2.1.2. The document has been identified
4.2.1.2.a. Notarization Document Format Applicable Form 4 ---- 2 ---- 1 --- 2 (Revised Edition)
4.2.1.2.b. Annex The original document was certified
4.2.2. Copy of documents
4.2.2.1. The original verification is true
4.2.2.1.a. Notarized instrument format Applicable format 4 ---- 2 ---- 2 --- 1
4.2.2.1.b. Attachment A certified copy of the document
4.2.2.2. The original identified no doubt
4.2.2.2.a. Notarized instrument format Applicable format 4 ---- 2 ---- 2 --- 2
4.2.2.2.b. Attachment A certified copy of the document
4.2.2.3. Could not be verified and identified
4.2.2.3.a. Notarized instrument format Applicable format 4 ---- 2 ---- 2 --- 3
4.2.2.3.b. Attachment A certified copy of the document
 
Category 5: Proof of legal instruments signed by both parties or parties
5.1 Proof of the way in which a testimony is added to a certified instrument
5.1.1. Agreements signed between individuals (contracts, contracts and other legal instruments)
5.1.1.a. Notarized instrument format Applicable format 5 ---- 1 ---- 1
5.1.2 Contracts signed between companies (contracts, agreements and other legal instruments)
5.1.2.a. Notarized instrument format Applicable format 5 ---- 1 ---- 2
5.1.2.b. Requirements:
The consignee must be consulted and examined by the board of directors of the company to confirm that the signatory has the right to sign the contract (contract, agreement) on behalf of his company.
According to "the appropriate format 3 --- 2 ---- 1" issued a separate board of directors notarized documents.
5.1.3. Individuals unilaterally signed on contracts (contracts, agreements and other legal instruments)
5.1.3.a. Notarized instrument format Applicable format 5 ---- 1 ---- 3
5.1.4. The company unilaterally signed the contract (contract, agreement and other legal instruments)
5.1.4.a. Notarization Document Format Applicable Form 5 ---- 1 ---- 4
5.1.4.b. Requirements:
The consignee must be consulted and examined by the board of directors of the company to confirm that the signatory has the right to sign the contract (contract, agreement) on behalf of his company.
Need to press the "applicable form 3 --- 2 ---- 1" issued a separate board of directors notarized documents.
 
5.2 Proof with "certificate"
5.2.1. Agreements signed between individuals (contracts, contracts and other legal instruments)
5.2.1.a. Notarized instrument format Applicable format 5 ---- 2 ---- 1
5.2.1.b. Must attach:
A. ×××× (agreement, contract, contract name) original
B. Copy of identity documents of the parties‘ signatures
5.2.1.c. Attachment:
The original or other copy of the other documents relating to the agreement (contract, contract)
5.2.1.d. Requirements:
5.2.2. Contracts signed between companies (contracts, agreements)
5.2.2.a. Notarized instrument format Applicable format 5 ---- 2 ---- 2
5.2.2.b. Must attach:
A. Confirmation of the company‘s certificate of incorporation or copy
B. Confirmation of the business registration certificate of each party
C. Announcement of Annual Announcement of Company and Notice of Change of Secretary and Director‘s Information (if any) Confirmation of this or copy
D. Resolutions of the Board of Directors of the parties
E. Copy of identity documents of the parties‘ signatures
 
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