Legalization & Notarization & Apostille

In Hong Kong, the ways used to certify official and important documents are called notarization, apostille, and legalization. You will need to authenticate your documents in a corporate environment where agreements or corporate documents must be authenticated before they can be used outside the country of registration. Some examples of when you might need to use notarization, apostille or document legalization in Hong Kong are opening a bank account overseas, opening a 100% foreign-owned business (WFOE) in China, or making an agreement with a company that is registered and operates abroad.

The difference between notarising, apostille or legalisation of documents in Hong Kong is as follows:

Notarization

A notary is a certified professional who can verify the authenticity of documents, contracts, business processes, transactions, etc. This process usually requires identification of the person named on the document. Notarizing a document will allow non-witnesses to know that the document is legally binding. A notary can provide the following services:

· Issue a notarial / notarized certificate – proof of its authenticity with multiple copies.
· Make a certified copy of an original document – this includes stamps of origin or embossing.
· Witness the signing of a document – to ensure the integrity of the document is accurate.

In most cases, a Hong Kong Notary Public will be sufficient in verifying or certifying your documents, however, there will be exceptions depending on your specific requirements from the other party. For example, when setting up a WOFE (A Wholly Foreign-Owned Enterprise) a Chinese Notary will typically be required.

Apostille

An apostille certification differs from a notary authentication by the document’s jurisdiction. An apostilled document is used specifically to verify papers of record so they can be used in a foreign country. Typically, this kind of certification works in most cases from countries recognizing The Hague Convention List of Hague convention countries. If the country or entity is not a member of Hague Convention, the documents may need to be legalized specifically for the country where they will be used. The High Court is responsible for apostille documents in Hong Kong and not all documents are eligible for this classification or verification. An Apostilled document can be obtained by:
· Public documents that illustrate the signature of an official party or representative.
· Documents signed by a Notary Public or a Commissioner of Oaths within Hong Kong.

Legalisation

Documents must either be notarised or apostilled before they can be legalised.
Generally, legalisation is only required if the document in question is intended for use, not in a country party to The Hague Convention.
Documents can only be legalised by an embassy or consulate of a foreign country.

Available for Apostille service:

· Certificate of Incorporation
· Business Registration Certificate
· NNC1 Incorporation Form
· A&A Articles of Associations
· NAR1 Annual Return
· ND2A Notice of Change of Director

· Company Particulars Report
· Certificate of Continuing registration
· Trust Deed
· Instrument of Transfer
· Power of Attorney
Etc.

If you would like to use our notarization view more specifics on documents that can be apostilled in Hong Kong, please contact us.