Notarization Service: notarized by China-appointed notary、Hong Kong Chamber of Commerce endorsement
Notarized by China appointed notary
Ⅰ、Brief introduction Since we carried out the policy of reform and opening up to the outside world, the relationship between HK and China-Mainland become closer increasingly. A lot of HK fellowmen come to China-Mainland to visit relatives、settle down、adopt children or marry. And lots of HK businessmen come to invest in China-Mainland. Because the relative government department couldn’t know the true situation about HK fellowmen, if Hong Kong residents to the Mainland, such as marriage registration, the related need to know their marital status; Hong Kong businessmen in the Mainland for business activities or investments, the Mainland partners or banks, industrial and commercial registration of the Hong Kong authorities also need to know something about company, such as the company's business registration records, directors or shareholders data, financial situation and so on. Under such circumstances, Hong Kong's China-appointed attesting officer by virtue of its extensive experience in the legal profession and the residents of Hong Kong, Mainland enterprises to civil, commercial activity by the occurrence of the file relating to the legal acts in Hong Kong, there is the legal significance of facts and instruments to provide a proof.
Ⅱ、China-Appointed Notary System:
"Notaries recognized in China-Mainland” is China-Appointed Notaries (Hong Kong). Entrusted notaries systems, the Hong Kong residents in Mainland law firms need to deal with the notarial deed appointed by the Ministry of Justice issued a notary public, and sealed by the China Legal Service (Hong Kong) Ltd. and then send to the Mainland. The implementation of this system is based on the different legal system and the application procedures and the effectiveness between Hong Kong and the Mainland .the core of this system is in order to ensure the authenticity and legitimacy of notarial documents from Hong Kong to the Mainland .The relevant "documents, a statutory declaration and proof of identity" is the " Notaries recognized in China-Mainland " that is, a certificate issued by a notary public commissioned by instruments and by the China Legal Service (Hong Kong) Limited after the stamping. Issued by China-Appointed Attesting to the Mainland instruments used must be notarized to "Audit、registration and seal" only have the force of law, subject to Chinese law.
『Judiciary』 And 『The Supreme People's Court of Justice"』,《the notice referring HK Notarial deed effective problem》: the certificate without auditing and sealing without the certificate effectiveness and implementation.
Ⅲ、China-Appointed Notary qualifications:
According to the < China-appointed notary (HK) management methods>: China-Appointed Notary of Hong Kong must be a qualified and practicing senior lawyer more than a decade. organized by the Chinese Ministry of Justice, focused on business-related training, examinations, assessment of qualified after the appointment.
Ⅳ、Entrusted Notary Service Scope:
According to the < China-appointed notary (HK) management methods> (hereinafter name <Management Approach>:
The scope of business of a notary public commission is to prove that Hong Kong took place in the legal action, there is the legal significance of facts and documents to prove that the use of in the Mainland.
Ⅴ、The legal effect of Notarization instruments
Instruments issued by China-Appointed Notary to used in the Mainland instruments must be notarized by " Audit、registration and seal " only have the force of law, subject to Chinese law. 『Judiciary』 And 『The Supreme People's Court of Justice"』,《the notice referring HK Notarial deed effective problem》: the certificate without auditing and sealing without the certificate effectiveness and implementation.
Ⅵ、The type of Notarization:
1. The classification and application scope of notarial instruments:
1） Statement
The scope of applying for:
a）The statement of applying for marriage with the mainland people （The statement sample of marrying mainland people）
b）Statement of proving the marital relationship (marriage)
c）Succession (succession to give up) Heritage statement
d）Statement of mainland relative come HK
e）Back to the Mainland to apply for declaration of adoption of children
f）Statement of economic security for studying abroad
g）Other statements
2） Proof of legal instruments signed unilateral
The scope of application as follows:
a）Personal proxy
b）Company proxy(authorized)
c）Given Book
d）Accepted Book
e）Other legal instruments signed unilateral
3） Prove the legal truth
The scope of application as follows:
a） Limited Company
b） Unlimited company
c） Company's Board of Directors resolution
d） Marriage
e） Other legal truth
4） The original and copy of the certificate
The scope of application as follows:
a） Original instruments
b） The duplicate copy of instruments
5） Proof of legal instruments signed by both sides or more
The scope of application as follow:
a） The agreements signed by individual (contract、indenture)
b） The contract signed by individual and company、company and company( indenture、agreement)
c） Other legal instruments signed by both sides or more
Ⅶ、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”
Ⅷ、The proved way of notarized documents
1. Certificate
The scope of application as follow: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
Ⅸ、related information:
1. The difference between the certificate issued by mainland notary and the one issued by HK commissioned notary:
In China-Mainland, notarization is referring to the application of party, national notarization organization confirm the legal behavior、 legal instruments and the authenticity and the legitimacy of the legal truth according to the application. Notary Office is National Notary Public, notarization is different from private certificate, notarial deed is issued by Notary Public who on behalf of nation. Notary is national civil servant; notary couldn’t transact notarial business as a lawyer at the same time. Notary is restricted by
In Hong Kong, China-appointed notary issue the certificate in mainland according to the client’s application, which prove the legal behavior happened in HK、legal instruments and the authenticity and legitimacy of the legal truth according to the law. notary public entrusted by the Ministry of Justice, deal with the documentary evidence personally to the people of Hong Kong, in addition to prove that the content is the real meaning of client, but also has the responsibility of according to " Commissioned notary public for notarial instrument rules (for trial implementation)" the provisions of the parties to review the provision of authenticity and legitimacy of the Materials. However, a notary public commissioned to carry out investigation and evidence collection; he did not enjoy a special right to investigate, only in Hong Kong to the extent permitted by law to verify the relevant departments to checkup. Therefore commissioned a notary public for the majority of the instruments in order to prove that the parties in accordance with the Oaths Ordinance of Hong Kong "declaration" issued by the form.
2.The difference between HK lawyers’ system and China mainland lawyers’ system
The HK lawyers generally refer to the private practicing lawyer with professional qualification. They solve legal difficulties, legal cases or plead in court for their principals. In contrast, the China mainland lawyers refer to the professionals who provide legal assistance for their principals in accordance with the law by taking advantages of their legal acknowledge and skills.
Firstly, the way to gain lawyer competence in HK is different from that in China mainland. In HK, if you want to become a lawyer, you must pass the examination in HK University to get the degree in law at first, and then you still need to go further study in this university for one year to get the “law postgraduate diploma”. After that, if you want to become a solicitor, you need to practice in a law firm for two years; if you want to become a barrister, you need to practice in barrister office for one year. And when the term expires, you can apply to become a practicing solicitor or a practicing barrister. All the applicants at first must pass the inspection carried out by the relevant professional bodies, and then they must apply to the HK High Court, the judges of which will accept them as solicitors or barristers at a small ceremony, and at last they will be awarded the practicing certificate by relevant professional bodies. In contrast, the China mainland institutes a system of uniform national examination for the qualification as a lawyer. The people with the degree above law vocational diploma of higher schools and the people with the equivalent qualifications, and the people with the degree above the graduate diploma of other majors beside the law of higher schools, where they pass the lawyer qualification exam, will be conferred with the qualification of lawyers by the judicial administration department of the State Council. The people with the degree above the law graduate diploma, and the people who do the law research or teaching job or other related professional job, and the people with the equivalent qualifications, where they apply to become the practicing lawyers, will be conferred with the qualifications of lawyers by the judicial administration department of the state Council after they pass the inspection carried out by the department concerned in accordance with the prescribed conditions. After that, those people must apply to the judicial administrative organ to get the lawyer practicing certificate. Only after getting this certificate in question can they practice as lawyers.
Secondly, the classification of HK lawyers is different from that of China mainland lawyers. In HK, the lawyers are classified into two categories: the solicitors and the barristers. The former usually do the preparation work of legal documents before the court in session, and sometimes they appear in intermediate court or lower court to defend their clients; compared with the solicitors, the barristers usually conduct open trials in the courts. They are skilled in cross-examination of a witness, allegation and contention, and besides that, they also do the work of studying the the applicability and inference of law. In contrast, there are all together five methods of classification of lawyers in China mainland. According to the the the way of getting the qualification for lawyers, the lawyers are classified into two categories:one is the lawyers who get their qualification by means of examination or valuation, and the other one is the specially invited lawyers who get their qualification not through examination or valuation but through the invitation of judicial administrative organs. According to the oneness of the lawyers' work, the lawyers are classified into the full-time lawyers and part-time lawyers. According to the differences of jobs and professional qualifications, the lawyers are classified into the first rank lawyers, the second rank lawyers, the third rank lawyers, the fourth rank lawyers and the assistant lawyers. According to the difference of the service targets, the lawyers are classified into public service lawyers, the military lawyers and the community lawyers. According to the difference of the scope of service, the lawyers are classified into securities lawyers and general business lawyers.
3. The charging methods are different. In Hong Kong, apart from the charging standard formulated by the law society of Hong Kong( for example, collecting some fees at some rate from the real property deals and inheritance of property), other fees of handling cases are collected depending on the result of negotiation between the lawyers and the principals. The gratuity of the barristers is collected by the switching law firm from the principal. In contrast, in China mainland, the gratuity of lawyers' criminal defense work, as well as the representation work shall be collected according to the prescribed proportion; in addition, the other collecting method is through negotiation, and in this case, the lawyers are usually take the work of legal counsel, the agent of the non-lawsuits, the consultation and acting writing. The charging standard of the former is proposed by the Ministry of Justice, and then shall be approved by the price control authorities of the state council. What's more, each province can formulates its charging standards according to their own condition, and then they shall report to the price control authorities for filing. In comparison, the charging system in the law field of China mainland is stricter than that of Hong Kong.
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