A "notary recognized by the Mainland" is a notary authorized by China (Hong Kong). The system of entrusted notaries, that is, notarial certificates required for Hong Kong residents to return to the Mainland to handle legal affairs must be issued by an entrusted notary public appointed by the Ministry of Justice, and be sent to the Mainland for use with the seal of China Legal Services (Hong Kong) Co., Ltd. The implementation of this system is based on the different legal systems between Hong Kong and the Mainland, and the core of a special legal system based on the different laws, procedures and effectiveness of notarization certification. It is to ensure that notarization documents are sent from Hong Kong to the Mainland authenticity and legality. The entrusted notary system was implemented in 1981. For more than 30 years, this system has solved the problem of mutual use of notarization documents under different social and legal systems in the Mainland and Hong Kong. It is useful for regulating market order, effectively preventing commercial fraud, and safeguarding the two places. The legitimate rights and interests of the parties have played an important role.
Chinese notarization documents:
It refers to documents issued in Hong Kong and used in the Mainland. If documents issued in Hong Kong are used in the Mainland, they must be notarized. That is, the notarization must be signed by a Chinese authorized notary, otherwise it will be invalid.
Corporate legal person notarization:
Hong Kong company, corporate document notarization, CEPA certificate, commercial or economic transaction affairs, such as real estate, joint venture investment.
Personal affairs notarization:
Power of attorney, adoption, inheritance, donation, relatives coming to Hong Kong, economic transaction affairs.
Specific content of Chinese notarization documents:
. Declaration of Marriage with Mainland Chinese
. Declaration of Mainland relatives coming to Hong Kong
. Declaration of Inheritance
. Get married declaration
. Declaration on returning to the Mainland to adopt children
. Statement of financial guarantee for studying abroad
. Personal power of attorney
. Deed of Gift
. Company entrust (authorization) letter
. Company Registration Certificate
. Certificate of resolution of company board of directors
. Real estate sales contract
. Real estate mortgage contract
. CEPA "Hong Kong Service Provider"
Classification of Chinese Notarization Documents:
. Identity Proof
. Proof of unilateral signing of legal documents
. Proof of legal facts
. Original and copy of the certificate
. Prove that both parties sign legal documents
Personal certificate of Chinese notarized document:
. Proof of identity
. Proof of nationality
. Passport information proof
. Identity card information proof
. Proof of birth
. Proof of Marriage
. Proof of the property owner
. Proof of business owner
. Proof shareholder
. Proof of director
. Proof of income
. Proof of Bank credit certificate
. Proof of financial situation
. Proof of written documents
. Signed economic contract
. Proof of purchase agreement
. Proof of loan agreement
. Proof of guarantee contract
Notarization of death (Introduction)
Death notarization (Death notarization refers to the activity of a notary institution to prove the death facts of the deceased based on the application of the deceased’s close relatives. Applicants applying for death notarization are generally the family of the deceased.)
Document notarization (Hong Kong standard) processing
An entrusted notarization document is a legal act or event occurring in Hong Kong, or facts and documents of legal significance. The document is issued by a notary public entrusted by China, and the document is verified and sealed by China Legal Services (Hong Kong) Co., Ltd. Notarized documents for use in the Mainland.
The scope of notarization documents covers all areas of civil and commercial activities, such as declarations proving various matters (marriage, inheritance, adoption, etc.), legal documents proving unilateral signatures (delegations, gifts, etc.), documents proving legal facts (company Data proof), the original and copy of the proof document are consistent, and the legal documents signed by two or more parties are certified. Only the certification documents transmitted through notarization and stamping can have the validity of the notarization documents stipulated in the Mainland's Civil Procedure Law.
The types of notarization can generally be divided into company categories and individual categories:
I. Categories of personal economic activities
1. Declaration of the same person
After you move to Hong Kong, you find that your bank account, social security, real estate, etc. in the Mainland are still registered with the past Chinese resident ID card. At this time, you need to apply for a declaration that the Mainland ID card and the Hong Kong ID card are the same person to prove The two ID cards are the same person. The materials usually required at this time include:
(1) Hong Kong Identity Card
(2) Mainland Travel Permit for Hong Kong and Macau Residents
(3) One-way permit
(4) A photocopy of the Mainland ID card or other documents that can prove the identity of the Mainland, etc.
2. Family member declaration
When you need to buy and sell houses in the Mainland, the local real estate management department usually requires the buyer and seller to issue a family member declaration to determine whether a family member has only one set of owner-occupied houses. The declaration can be made by one or both spouses at the same time. If you are single, you must also provide proof of singleness. If you are married or divorced, you must also provide marriage and divorce certificates. If the spouse dies, a marriage certificate and a death certificate of the spouse are required, as well as a certificate of no marriage record or a certificate of marriage record application. The materials usually provided include:
(1) Hong Kong Identity Card and Home Visit Permit
(2) Marriage certificate
(3) Children’s documents (birth certificate, ID card, Mainland Travel Permit for Hong Kong and Macau Residents, re-entry permit, if appropriate)
(4) Spouse ID
(5) A single person provides proof of unmarried, or
(6) Original or verified original of marriage certificate
(7) Real estate certificate or housing purchase contract and other materials.
3. Marriage Declaration
If you happen to be married in the Mainland and want to register your marriage, you need a Hong Kong certificate of unmarried at this time; if you have a marriage history in Hong Kong, you need to provide a record of marriage. If you have divorced after getting married in Hong Kong, you need to provide the original or verified original copy of the Hong Kong marriage certificate and the original or verified original copy of the divorce certificate. The materials usually provided are:
(1) Hong Kong Identity Card
(2) Mainland Travel Permit for Hong Kong and Macau Residents
(3) Hong Kong certificate of unmarried or marriage record certificate
(4) The original or verified original of Hong Kong marriage certificate
(5) The original or verified original of the divorce certificate or the death certificate of the widow
4. Inheritance in the Mainland
When a Hong Kong resident passed away but still has land and property, bank deposits, and company assets in the mainland, according to the mainland inheritance law, parents, spouses and children are the first successors of the deceased. At this time, it is necessary to submit the documents of the heir's certificate and the relationship with the deceased, including birth certificate, marriage certificate, and even adoption certificate. If the heir inherits the estate, he will make a declaration of inheritance; if he abandons the inheritance, he will make a declaration of abandonment. Of course, the client must provide proof documents such as real estate certificate, land use certificate, bank account book and so on. The files usually provided are:
(1) Identity document of the heir
(2) Proof of the relationship between the heir and the decedent
(3) The death certificate of the deceased
(4) Inheritance certificate documents, such as real estate certificate, land use certificate, bank account book, etc.
5. Handle the power of attorney
When the mainland needs to deal with matters such as buying and selling real estate or bank accounts, and you do not want or have no time to go back to the mainland to deal with it, you can apply for notarization of the power of attorney at this time. The materials usually provided are:
(1) Identity certificate of the client
(2) The identity certificate of the trustee
(3) Specific entrusted matters;
(4) Other files such as real estate certificate, lawyer's practice certificate, etc.
Of course, there are other notarization of personal matters, such as notarization of marriage certificate, which means that Hong Kong people and mainland people are married in Hong Kong and now want to divorce in the Mainland. At this time, the authenticity of the Hong Kong marriage certificate needs to be verified. This is usually required at this time. The ID card of the party, the entry certificate (such as the exit and entry permit) and the entry label of the inner place to enter Hong Kong, the original marriage certificate, and the original ID card of the Hong Kong party (if available).
For example, if a child was born in Hong Kong and needs to study in the Mainland when he grows up, the Education Bureau usually needs to certify the relationship between the child and his parents. At this time, the child’s birth certificate in Hong Kong is usually notarized.
II. Types of company economic activities
1. Certificate of Identity
When you participate in the investment in the Mainland as a Hong Kong-registered limited or a partner's unlimited, you must apply for a Hong Kong limited and an unlimited company certificate. If you are participating in the investment as a sole proprietorship shareholder, you need to distinguish your personal identity certificate at this time, usually providing a Hong Kong ID card and Mainland Travel Permit for Hong Kong and Macau Residents.
2. Certificate of company information
When a Mainland lawyer handles a lawsuit involving a Hong Kong-registered limited company, it is usually necessary to prove the subject qualification of the Hong Kong company. The information provided usually includes:
(1) A copy of the company registration certificate;
(2) A copy of the company's annual return; and
(3) A copy of the company's business registration certificate and other materials;
If Hong Kong unlimited companies and sole proprietorships are involved in litigation, they must also be notarized similar to the qualifications of corporate entities, but the information provided is different.
3. Notarization of legal opinions
When a Hong Kong practicing lawyer issues a legal opinion on a certain legal matter, it needs to be used as court evidence in the Mainland. At this time, a "Proof of the Identity of the Issuer of the Legal Opinion" is usually required. The attachments include:
(1) A copy of the identification document of the lawyer who signed the confirmation and issued the legal opinion;
(2) A copy of the Chinese version of the valid practising certificate of the lawyer who signed the confirmation and issued the legal opinion (if it is in the English version, the Chinese translation must be provided together) and
(3) A copy of the business registration certificate of the law firm.
At present, attention to this matter has been increased and changed to also require a company information status certificate, so the cost has increased greatly.
4. Proof of resolutions of the board of directors and shareholders
When a Hong Kong company establishes a sole proprietorship, joint venture, transfer of assets or equity in the Mainland, or requires a Mainland lawyer to handle litigation matters, the Hong Kong board of directors needs to pass a resolution; if the company has only one director, the director must Go to the law firm to sign the file in person; if there are multiple directors, all directors can go to the law firm to sign or one director can bring the signed board resolution to the law firm to sign the file. Of course, you can also apply for an unlimited company (business name) information certificate, a sole proprietorship company proprietor or partner resolution certificate.
5. Can a non-Hong Kong company do notarization?
The answer is yes, but the non-Hong Kong company must have a certain connection with Hong Kong to be notarized. For example, a director of a non-Hong Kong company with Hong Kong status can sign a non-Hong Kong company declaration. The documents usually provided at this time are the power of attorney of the board of directors, the register of directors, the register of shareholders, the articles of association, etc.
Regarding the notarization of the company's non-existence, usually the notary lawyer will explain that after a search at the Business Registration Office, there is no company with that name.
Although many partnerships in Hong Kong are called companies, it is worth noting that there is no legal representative for partnerships in Hong Kong. The partners may, in accordance with the Partnership Enterprise Law, entrust one or more individuals to represent the partnership enterprise individually or jointly and be responsible for the execution of partnership affairs.
Of course, there are many types or matters of notarization. The above is just a list of some types that our law firms often do. The above explanation and analysis are for reference only, not specific legal opinions. When readers need to deal with specific notarization matters, please refer to the opinions of the notary lawyer.
Regarding to the relevant standards for notarization of documents required at home and abroad: Our company tasks registered translators and senior lawyers to deal with
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