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.香港律師與大陸律師制度之比較：
香港的律師一般是指持有專業資格的私人執業律師，專為委託人解決法律的難題及處理有關法律的案件或出庭辯護。我國的律師是指經過一定方式取利司法行政機關授予的資格，接受當事人的委託，或人民法院的指定，在法律允許的範圍內利用自己的法律知識和技能為被代理人提供法律幫助，並維護其合法權益的專業人員。
首先，香港律師與大陸律師取得律師資格的途徑不同。在香港，首先要通過考試取利香港大學法學學位，然後在該大學深造一年，取得“法律深造文憑”。如果想成為律師，則在律師事務所實習兩年；如果成為大律師，則在大律師辦公室實習一年，期滿後申請為執業律師，或大律師。所有具備律師資格的人都要經過有關專業團體考核批准，然後向香港最高法院申請，由該法院法官在一簡單儀式中承認申請人為律師或大律師，再由有關專業團體頒發執業證書。在我國，實行律師資格全國統一考試制度。具有高等院校法學專科以上學歷或者同等專業水準，以及高等院校其他專業本科以上的人員，經律師資格考試合格的，由國務院司法行政部門授予律師資格。具有高等院校法學本科以上學歷，從事法律研究、教學等專業工作並具有高級職稱或者具有同等專業水準的人員，申請律師執業的，經國務院司法行政部門按照規定的條件考核批准後授予律師資格。取得律師資格後需向司法行政機關申請領取律師執業證書。領取律師執業證書後方可執業。
其次，香港律師與大陸律師的分類不同。香港把律師分為律師和大律師，律師多處理有關法律文件和開庭前的準備工作，有時在中下級法庭出庭為當事人代理辯護。大律師則多處理在法庭上公開審訊的工作，尤其善長於盤詰證人和陳詞辯論，並研究法律的適用和推理。我國律師按律師資格取得方式不同，分為經過律師考試而取得資格的考核律師，另一種是不經考試或考核，而是根據需要由司法行政機關特別邀請的特邀律師。按律師工作的單一性不同，分為專職律師和兼職律師。按律師的職務和專業水準不同，分為一級律師，二級律師，三級律師，四級律師以及助理律師。按律師從事服務的物件不同，分為公職律師，軍隊律師和社會律師。按律師從事業務範圍不同，分為證券律師和一般業務律師。
3.律師收費辦法不同。在香港，除了律師公會統一規定的標準（如不動產買賣、遺產繼承等按標的提取一定費用的收費率）外，其他辦案費用由律師與委託人協商，大律師的酬金由轉聘的律師事務所與委託人。在我國，律師和刑事辯護以及申訴工作應按比例收費；另一種是律師擔任法律顧問、非訴訟業務代理、以及諮詢代書工作的協商收費。善於按件比例收費的標準由司法部提出方案，報國務院物價部門審批，各省級行政區可根據情況制定標準並報國務院物價部門備案。相比之下，大陸的律師收費制度要比香港律師收費制度更為嚴格。
