The definition and legal basis of Hong Kong company notarization
Hong Kong company notarization refers to a notary public with specific qualifications in Hong Kong,rightHong Kong company registrationEstablishment documents、Business operating documents、The authenticity of board resolutions or power of attorney, etc.、Legal activities whose legality is proven。Since Hong Kong and the Mainland belong to different legal systems,,When documents generated by a Hong Kong company are used in the Mainland or other countries,Must go through the corresponding notarization and transfer procedures,in order to have legitimate legal effect。
According to the Ministry of Justice's "Several Provisions on the Appointment of Notaries in Hong Kong to Handle Notarized Documents",Hong Kong company documents are sent to the Mainland for use,Must be commissioned by the Ministry of JusticeHong Kong lawyer(China-appointed notary public) issues a notarial certificate,and via Chinalegal services(Hong Kong) Co., Ltd. stamped with forwarding seal,valid。
Common types and applicable scenarios of Hong Kong company notarization
Specially designed for use in mainland China。Applicable to setting up wholly foreign-owned enterprises (WFOE) in the Mainland、Sino-foreign joint venture、Representative office,or litigate in the Mainland、Equity changes、Trademark registration、Scenarios such as real estate transactions。
Applicable to Hague Convention member countries (such as the United States、U.K.、Japan、Documents used in Korea, etc.)。Confirmation of the notary’s signature and seal by the Hong Kong High Court,The process is relatively simple。
Applicable to non-Hague Convention member countries (such as Vietnam、Instruments used in the United Arab Emirates, etc.)。It must be notarized by a local notary in Hong Kong first.,Then submit it to the High Court of Hong Kong for endorsement.,Finally, it will be sent to the embassy or consulate of the destination country in Hong Kong or Mainland China for authentication.。
List of required documents for Hong Kong company notarization
Includes Certificate of Incorporation (CI)、Business Registration Certificate (BR)、Annual Return (NAR1) or Incorporation Return (NNC1)、Articles of Association (M&A) and other basic registration documents。
Including Board Resolution、Shareholders meeting resolution、Power of attorney (POA)、Certificate of legal representative, etc.,Need to be customized and drafted according to the requirements of the specific use department。
Valid identification documents of company directors and shareholders (copy of ID card or passport)。If involved in litigation,A complaint is also required、Judicial documents such as statement of defense or legal representative’s identity certificate。
Standardized process for notarization of Hong Kong companies
Hong Kong Xintong compliance experts confirm the specific purpose of the notarized documents with the client、Department of use and destination country,Clarify the type of notarization (entrusted notarization、Apostille or embassy certification) and make a list。
Client provides required company documents and identity proof,Hong Kong Xintong's professional legal team conducts strict pre-review of documents,Ensure that the format and content meet the requirements of the notary office and receiving department。
Draft a statement based on actual use、Authorization letter or board resolution。Director's signature required,Hong Kong Xintong will arrange for directors to sign by video or in person under the witness of a notary.。
The Ministry of Justice, which Hong Kong Information Network cooperates with, appoints a China-appointed notary to officially notarize the documents.,Issue the original and copy of the notarized certificate。
Send the notarial certificate to China Legal Services (Hong Kong) Co., Ltd. for review、Register and stamp with a special stamp for forwarding (this step is only for notarization sent to the mainland)。
After completing all notarization and transfer procedures,Hong Kong Xintong will securely send the original and copy of the notarized certificate to the customer's designated address in the Mainland or overseas.。
Frequently Asked Questions about Hong Kong Company Notarization(FAQ)
Hong Kong company notarization refers to the legal confirmation of the authenticity of company documents by a Hong Kong notary with specific qualifications。Since Hong Kong and the Mainland implement different legal systems,,Documents of Hong Kong companies cannot directly produce legal effects in the mainland。According to the Ministry of Justice,It must be notarized by a China-appointed notary and stamped with a forwarding seal.,Mainland government departments、Only the courts and banks will recognize it。
When the documents are fully prepared and no interview by the director is required,,Ordinary China-appointed notary public notarization and transmission procedures usually require 5 to 7 working days。If complex restructuring documents are involved or directors’ interviews need to be arranged,The time may be extended accordingly。Hong Kong Xintong provides expedited services,As soon as possible 3 Completed within working days。
It depends on the type of notarized document。If it is only for the company registration certificate、Notarization of “certifying documents” such as business registration certificates,Directors do not need to be present;If notarization involves a "declaration"、"Letter of authorization" or "board resolution" and other legal documents that require the signature of directors,Directors usually need to be present in person,Or sign by video under the witness of a notary public。
China Legal Services (Hong Kong) Co., Ltd. is the window agency of the Ministry of Justice in Hong Kong。All notarial certificates issued by China-appointed notaries,Must be sent to the company for review,After confirming that the notary's qualifications are correct, stamp the "Special Forwarding Seal"。Notarial deeds without forwarding have no legal effect in the Mainland.。
Hong Kong company notarial certificate itself does not have a statutory validity period,However, the mainland’s user departments (such as the Industry and Commerce Bureau、court or bank) will usually require that the notarial deed be signed on 3 months or 6 within months。therefore,It is recommended that customers confirm the usage time before proceeding.,Avoid the need to re-apply due to "expiration" of the notarial certificate。
Basic information includes:Certificate of Incorporation (CI)、Latest Business Registration Certificate (BR)、Latest annual return (NAR1) or return of incorporation (NNC1)、Articles of association and identification documents of directors。According to the specific notarization purpose,Board resolutions may also be required、Authorization letters and other customized documents。
The applicable areas of the two are different。China-appointed notarization is exclusively for mainland China;Apostille is applicable to Hague Convention member countries or regions (such as the United States、U.K.、Japan、Hong Kong itself, etc.)。Apostille is signed directly by the High Court of Hong Kong,No need to go through China-appointed notary public and transfer procedures。
If the document is for a non-Hague Convention country (such as Vietnam、Saudi Arabia, etc.),Need to apply for "dual authentication" or "embassy authentication"。The process is:First be notarized by a local notary in Hong Kong,Then submit it to the High Court of Hong Kong for endorsement.,Finally, send it to the consulate of the destination country in Hong Kong or the embassy in Beijing for consular authentication.。
Notarization fees mainly consist of three parts:1. Notarization fees charged by China-appointed notaries (calculated based on the number of document pages and copies);2. Forwarding fees charged by China Legal Services (Hong Kong) Limited;3. Professional agency and document pre-examination service fees charged by Hong Kong Xintong。Specific fees will be assessed based on the number and type of documents you need notarized。
Can。For example,If the mainland bank only requires the latest notarized business registration certificate,We can only handle single notarization for the business registration certificate。But if it is used to establish a foreign-invested enterprise,The industrial and commercial departments usually require a complete set of subject qualification certification documents (CI、BR、NAR1、Articles of Association) for packaging and notarization。
Hong Kong Xintong has profound cross-border compliance experience,Long-term cooperation with many senior China-appointed notaries and Hong Kong practicing lawyers。We provide full-process data pre-review services,Ensure that the document format is 100% in compliance with mainland judicial and administrative approval standards,Avoid time and money lost due to returned documents。

