If the documents are issued in Hong Kong and the use of this documents are notarized units/departments in Mainland China, then you need to use Hong Kong lawyers as the notary, and the said Hong Kong lawyer must jave the China Appointed Attesting qualifications to handle.
China Appointed Attesting Officer's business scope: To prove that the legal acts are occurred in Hong Kong and these documents must have a legal significance so as to prove that for use in Mainland China.
Legal action, the facts and instruments with legal significance which occurs in Hong Kong, the relevant supporting documents must be used in accordance with the application of the parties by the China Appointed Attesting who shall certify that the legal acts that are occurred in Hong Kong, the legality of the documents and truth of the facts. Commissioned notary as commissioned by the Ministry of Justice may act as an individual for Hong Kong people who apply for with supporting documentation. In addition to prove the contents of the parties are truth and legality, they are also obliged under the requirement of "Commissioned Notary Notarized Documents Rules (Trial)”, to review the material provided by the parties, its authenticity and legitimacy. Investigation was entrusted to notaries, but he does not enjoy special investigative powers, but only subject to those within Hong Kong authorities and as within the limits permitted by law to verify for review. Therefore most commissioned notaries, when handling the majority of certifying documents, may under the Oath Ordinance of Hong Kong and issue in a declaration form.
According to the requirements of "China Appointed Attesting Officer (Hong Kong) Management Measures" (hereinafter referred to as "The Management Approach"), the scope of business is commissioned by notary includes certifying the legal acts in Hong Kong, the facts and the documents that has legal significance by proving for use in Mainland China. The Ministry of Justice in November 2002 under the "Management Approach" develop "China Appointed Attesting Notarized Documents Rules (Trial) ", it provides that: All notarized documents must be handled personally by the China Appointed Attesting that he personally review the relevant documents, verify identity of the parties, witness the parties signed and notarized the documents he personally signed, not by the others instead. Notaries are commissioned notary instrument which must comply with legality and authenticity requirements.
The China Appointed Attesting in Mainland China who issued notary documents for use must be reviewed by the Chinese Legal Services (Hong Kong) Limited, upon authorization and transmitting for in force of law, and subject to protection by Chinese law. "Supreme Court" and "Ministry of Justice”, "Hong Kong Related Notary Documents Concerning the Effectiveness Issues Notice": Reviewed documents which through transmitting programs together with its supporting documentation, though notarized, do not have proof of efficacy and effectiveness for implementation.
China Appointed Attesting notary instruments can be divided into five categories:-
(1) statement, (2) proof of legal instruments signed unilaterally, (3) proof of legal facts, (4) the original documents and copies, (5) demonstrate the two-sides or more signed legal instrument, the most common types are handled by the Chinese principal notary are: -
- 1. Notarized business class documents : Hong Kong company registration certificate, business registration certificate, directors' meeting minutes or resolutions, annual returns, attorney and other notary ;
- 2. Notarized files and documents : such as Hong Kong bank credit certificate issued by bank, identification books, accounts, letters and other complaints to be notarized;
- 3. Notarized gift book ;
- 4. Notarized sale of real estate ;
- 5. Notarized real estate mortgage contract ;
- 6. Notarized Mainland litigation attorney ;
- 7. Applicants who married with those in Mainland, the notarized marriage statement, the so-called "single man permits' as notarized documents for notarization ;
- 8. Notarized documents for applying Hong Kong Mainland relatives statement ;
- 9. Notarized inheritance (renounced his inheritance) or heritage statement ;
- 10. Notarized marital relationship (marriage) statement;
- 11. Notarized adopted children carry back to the Mainland statement.