Concept of notary public

 

A notary public (sometimes referred to as simply a notary) is an individual public officer authorized to witness signatures, administer oaths and conduct other similar actions. In Hong Kong almost all notarys are solicitors. A notary is recognized internationally and nearly all the actions conducted by a notary are required for use in a foreign jurisdiction. Unlike a solicitor a notary does not give legal advice when acting in his official capacity.

 

Proof of identity

 

Before notarizing a signature a notary must obtain satisfactory evidence of the identity of the signatory or deponent. He must also satisfy himself that the signatory understands the document he is signing. He will have to actually see the signatory sign the document.

 

Notarial acts on behalf of corporations

 

Corporations frequently need to have documents executed in the presence of a notary in which case the notary will have to satisfy himself as to the identity of both the company and the officer executing the document on its behalf. The notary at his discretion may need to see the original company documents, copies of filings at the Company Registry or make other enquires. In the case of filings at the companies Registry he will have to conduct the search himself.

 

Apostille

 

Sometimes the foreign jurisdiction additionally requires that the document be apostil led. This is a procedure whereby the Hong Kong Court verifies the signature of the notary. We can arrange for this to be done. The court usually requires two clear days to apostille a notary’s signature.

 

The scope of notarization

Generally, the scope of notarization of HK China-appointed Notary including(but not limited) the following 14 aspects:

1.  Statement of apply for marrying mainland people
 

2.  Statement of applying for inviting mainland relatives to HK
 

3.  Statement of inheriting heritage (giving up succession)
 

4.  Statement of applying for husband-wife relationship (marriage)
 

5.  Statement of applying for adopting children in mainland
 

6.  Statement of economic security for studying abroad
 

7.  Personal proxy

8.  Given Book

9.  Company proxy (authorized)

10. Company registration certificate

11. The certificate of company's Board of Directors resolution
 

12. Contract of Real Estate Sale

13. Contract of Real Estate Mortgage

14. Notarized documents defined by “HK Service Provider”

 

The proved way of notarized documents
 

1. Certificate

The scope of application as follow:

 

a）Legal Truth

b）The original and duplicate copy of documents
 

c）Legal instruments signed by both partied or more

 

2. To endorse testimony on the documents directly which were signed by party or provided to prove;
 

The scope of application as follows:
 

a） Statements

b） The legal instruments signed by unilateral

c） The legal instruments signed by both sides or more

d） The original or duplicate copy of instruments

 

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