1. The significance of notarization and certification: Notarization and certification are two powers granted to notaries by the state. Notarization is when a notary public certifies the establishment or existence of a specific legal act (such as a contract) or private right between people, and certifies the authenticity of its content. Authentication is for a notary to certify that the signature on a specific private document is indeed signed by the party concerned, and its content and form must be legal. Generally speaking, private rights facts that occur now and in the future can be notarized or certified; private rights facts in the past can only be certified.

2. Why is it necessary to issue a certificate or certification: The purpose of notarization and certification is to protect people’s private rights, avoid disputes, and reduce litigation. Modern society is complex, and relationships between people are close. Matters involving rights and obligations often lead to disputes and even lawsuits. If notarization can be done in advance and the rights and obligations of both parties are clear, disputes can be avoided. The benefits of notarization are as follows:

1. It has strong probative power: any party or third party should recognize the validity of the notarized event. In case of future litigation, as long as the notarization is submitted, the court will Judgment is made based on its records, and the authenticity of the authenticated documents and signatures cannot be denied by the parties involved.

2. Enforceable: For those with payment of money or other substitutes or a certain amount of securities as the subject matter. The subject matter is the payment of specific movable property. Renting or borrowing a house for an agreed period and returning the house when the period expires. A contract that leases or borrows land for the purpose of illegal farming or construction and returns the land at the end of the period shall be directly enforceable if it is stated in the notarial deed. If the other party fails to perform, the notarized deed may be used directly to the court. If you apply for compulsory enforcement, the parties do not need to file a separate lawsuit and hire a lawyer to litigate.

3. There are records available for review: If necessary, the parties concerned can request to read or copy the files of notarization or certification events at any time.

Which events can be notarized or certified: The scope of notarization is very wide, and any facts involving private rights can be notarized or certified. According to the provisions of the Notary Law, for the following legal acts, the parties or other related parties may request the notary to make a notarization or certify a private certificate.

3. Under what circumstances does Hong Kong company need notarization

Generally speaking, Hong Kong company notarization widely exists in scenarios where self-certification of its own legality is required. According to the Chinese court’s It stipulates that when an overseas institution conducts legal proceedings in China, it needs to provide documents such as the qualification certificate of the overseas institution, the certificate of the legal representative, the power of attorney, etc., and these documents must be notarized and authenticated. Hong Kong documents sent to mainland China must be notarized by a Chinese client first. Then the notarized documents must be reviewed, registered and forwarded with a stamp by China Legal Services (Hong Kong) Co., Ltd. before they become legally effective and protected by Chinese law. Sent to mainland China for use. If the evidence provided by the parties to the People's Court was formed outside the territory of the People's Republic of China, the evidence shall be certified by the notary authority of the country where it is located and authenticated by the embassy or consulate of the People's Republic of China in that country. Or perform the certification procedures stipulated in the relevant treaties between the People's Republic of China and the country where it is located. It should be noted that since China has not yet joined the "Convention Abolition of the Requirement for Authentication of Foreign Public Documents", referred to as the "Hague Convention", therefore, according to international practice, foreign documents are sent to China for use unless there is a bilateral agreement or multilateral agreement or a country unilaterally exempts In addition to authentication, consular/embassy authentication is required.

Here, there are two situations: 1. Notarized documents or related documents issued by countries that have diplomatic relations with China and sent to China (Mainland) for use must first be notarized by the local A qualified lawyer or notary will notarize the document, and then it will be authenticated by the Ministry of Foreign Affairs of the country or its authorized agency, and then sent to the Chinese embassy or consulate in that country for authentication. 2. Notarized documents or related documents issued by countries that have no diplomatic relations with China and sent to China (Mainland) for use must first be notarized by local lawyers or notaries with notarization qualifications, and then be notarized by the Ministry of Foreign Affairs or the Ministry of Foreign Affairs of that country. After certification by its authorized agency and the embassy or consulate of the country that has diplomatic relations with China in that country, the certification will be processed by the Chinese embassy or consulate in the third country.

The meaning of Hong Kong company notarization: Hong Kong company notarization is also called "Hong Kong lawyer witness". A qualified lawyer notary in Hong Kong certifies the authenticity and legality of the company's legally significant documents and facts in accordance with legal procedures. wait.

If Hong Kong company documents are used outside Hong Kong (common company establishment, trademark application, legal proceedings, bidding, changes, entrustment, etc.), notarization and certification are required.

4. The difference between lawyer’s witness and lawyer’s notarization:

Lawyer’s witness: It means that the law firm accepts the client’s entrustment or application, appoints a lawyer with lawyer qualifications or legal professional qualifications, and has a lawyer A lawyer with a practicing certificate is a kind of non-litigation business activity of a lawyer that carefully examines and proves the authenticity of relevant legal acts or legal facts in the name of the law firm and the witnessing lawyer.

Lawyer notarization: refers to the activity in which a notary institution certifies the authenticity and legality of civil legal acts, legally significant facts and documents based on the application of natural persons, legal persons or other organizations and in accordance with legal procedures. In comparison, the notarization effect is the highest.

When an investor invests in mainland China, a Hague member state or a non-Hague member state in the name of a Hong Kong company, whether it is a Sino-foreign joint venture, a Sino-foreign cooperative company, a wholly-owned company or a permanent representative office ( Representative offices) are required to notarize relevant documents of Hong Kong companies.

For legal acts with a Hong Kong company as the main body, whether it is used to establish a foreign-invested enterprise in the country or for litigation/arbitration, it is necessary to prove the legality and validity of the Hong Kong company.

5. Under what circumstances is Hong Kong company notarization required?

1. A Hong Kong company is preparing to establish a company, branch or representative office in the mainland;

2. When the board of directors of a Hong Kong company decides to use it in the mainland, it must be conducted by an evaluator entrusted by the Ministry of Justice of China. Notarization;

3. Notarization is also required when a Hong Kong company or a Hong Kong company entrusts someone else or a mainland law firm to handle specific business;

4. Prepare to enter into a marriage with a mainland resident;

5. Request relatives from the Mainland to come to Hong Kong to live permanently or take over property;

6. Adopt Mainland children;

7. Prepare to establish individual businesses in the Mainland , when applying to verify the "identity of Hong Kong service provider" and preparing to engage in other matters under the CEPA agreement items

8., the Chinese Ministry of Justice must entrust an evaluator to conduct notarization as required;

9. When the inheritance process involves mainland industries;

10. When applying for the Chinese Judicial Examination or other qualification examinations;

11. Matters involving donations and donations in the mainland;

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12. If you are involved in litigation on the mainland, you must submit evidence related to Hong Kong;

13. According to the needs of the relevant administrative departments in the mainland, certain documents, facts or actions must be notarized.

14. Participate in overseas investment, purchase stocks, and participate in overseas fund construction.

15. Apply for a power of attorney in the Mainland: personal and corporate certificates. When Hong Kong people or companies registered in Hong Kong handle domestic affairs, they can use a power of attorney to let the trustee handle affairs in the country. Authorization matters commonly used include the sale, leasing, mortgage of domestic real estate, land use rights registration or name transfer procedures;

16. Establishing an office in the country: signing contracts with mainland enterprises or other economic organizations such as joint ventures, Cooperative enterprise contracts, compensation trade contracts, goods sales contracts, loan contracts, financial lease contracts, land use rights transfer contracts, real estate sales, lease contracts, project contracting, enterprise contracting contracts, etc.; participate in international bidding;

< p>17. Signing lawsuits and applying for trademark, design and invention registration: Overseas institutions, authorities and governments require participants to provide documents on their identity, qualifications, and legality, and have procedures for notarization and sealing by international lawyers;

< p>18. Establishing a foreign-funded company (sole proprietorship or joint venture) in the Mainland

6. Common forms of notarization and certification of Hong Kong companies?

Used in Mainland China (most common)

If a Hong Kong company invests, operates, or has litigation in the Mainland, the company documents cannot be directly obtained by the Mainland department for use. It needs to be appointed by the Ministry of Justice of China. A notarized certificate issued by a China-appointed notary in Hong Kong and stamped with a forwarding stamp by China Legal Services (Hong Kong) Co., Ltd.

Used for member countries of The Hague (such as Macau, Japan, etc.)

It needs to be notarized by a Hong Kong international notary, and then forwarded to the Hong Kong High Court to be signed and stamped with an apostille certification seal. Non-Hague member countries (except mainland China, such as Vietnam, Pakistan, United Arab Emirates, etc.)

It needs to be notarized by a Hong Kong international notary, and then sent to the Hong Kong High Court for signature and certification, and then to the consulate of the country in Hong Kong. Certification, the final document can be used in the country.

Note: If the country using the document does not have a consulate in Hong Kong, the document signed by the Hong Kong High Court needs to be sent to the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong for certification, and then to the country's embassy in China for certification.

7. What are the types of notarized enterprise certificates in Hong Kong?

1. Prove the situation of the limited company, including registered address, registration number, shareholders, directors, resolutions, registered capital and other information

2. Prove the sole proprietor or joint venture in the unlimited company Information about shareholders, date of establishment and business registration number, as well as written documents issued by the company, accounting reports, bank credit, proof of property ownership, mortgage status, signed contracts including guarantee documents and other information about the company, etc.

9. Information required for notarization of Hong Kong companies:

1. Confirmation or copy of company registration certificate;

2. Company annual return;

3. Confirmation or copy of notice of change of information of secretary and director (if any);

4. Copy of company’s business registration certificate.

If the Hong Kong limited company has been established for less than one year and cannot provide the annual return, the following information must be prepared:

1. "Notice of first secretary and director and appointment as director or alternate" "Consent letter for director position";

2. "Notice of change of secretary and director (appointment/resignation)";

3. "Notice of location of registered office".

Information required to apply for a company power of attorney:

1. Confirmation or copy of company registration certificate;

2. Company annual return form;< /p>

3. Confirmation or copy of notice of change of information of secretary and director;

4. Confirmation or copy of company’s business registration certificate;

5. Company Confirmation or copy of board resolution or excerpt of board resolution (identity certificate of the authorized representative who signed the power of attorney)

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