Notarization & legalization

Notarization refers to a notary public organization which provides proof with reference to the application of a natural person, legal entity or other organization, in accordance with the legal procedures in civil legal action, the legal significance and instruments authenticity and legality of activities.

There are many types of notary. It is not easy to understand how to make a notarization or to know what kind of notarization suitable for our use. Generally, the cost of notarization is high. If it goes wrong, it is not only a waste of money, but also a delay in time and work progress. To find out which notarization is suitable, we have to understand the following at first:-

  •    ( A ) the place of the documents issued ;
  •    ( B ) the use of the documents and the respective units requesting for it ;
  •    ( C ) the contents of the notarization certificate.

A) The Chinese Notary Public :
If the document is issued in China (excluding Hong Kong, Macau and Taiwan), while the units / departments requesting for the notary documents are in mainland China , we have to engage China notary.

In mainland China, notary means the State notary public organization, base on the application of the parties, provide proof according to the legal acts, instrument which contains legal significance and the fact that the authenticity and legality.  Notary public organization is a state organization, which is different from those private notaries. The certificate it issued is on behalf of the State. The Notary is a national civil servent, he or she cannot act as a lawyer to provide notarization services simultaneously. He is bound by the "Notary Rules of Procedure", "People's Republic of Notary Law" and other relevant regulations. The law entitled the notary to have the right to review. If the notary considers that the evidence provided by the parties is incomplete or questionable, he is entitled to request for the units to obtain relevant evidence or investigate and conduct site survey to the scene, request for even from the relevant units excerpt file or other written evidence as a reference.  Hence, most of the notary in mainland notarize documents are issued in "Prove" form.

B) China Appointed Attesting Notary, Hong Kong Notary :
If documents issued are in Hong Kong, and the units / departments requesting for such documents are in Mainland China , the Hong Kong lawyer who has the China Appointed Attesting qualification will be suitable for providing such kind of services.

The business scope of China Appointed Attesting Officer's includes:    Providing proof of legal acts that occurred in Hong Kong, the fact or documents which has legal significance, and the use of such documents are in Mainland.

In response to the application of the parties, the China-Appointed Attesting Officer shall certify the legal acts, the fact or documents which have legal significance occurred in Hong Kong. The Commissioned Notary commissioned by the Ministry of Justice, in its own name to provide services to Hong Kong people.      In addition to proof the contents of the documents that reflect facts, he is also obliged under "The Commissioned notary Notarized Documents Rules (Trial)" to review the materials provided by the parties, its authenticity and legitimacy. He did not enjoy special investigative powers.   Save as in Hong Kong, within the scope as permitted by law, he can verify the relevant facts from the departments.   Therefore, the Commissioned Notary, when handling most of the certifying documents, usually requesting the parties under oath Ordinance of Hong Kong to make a declaration and such documents issued are in "declaration" form.

C) Notary Public / Apostille :
Different from the China International notary or China Appointed Attesting notary, Notary Public Attorney usually only witness the parties make an oath or signature, but not to testify the authenticity of the document, or to make a copy of the original:    to proof the copy is same as the original.    Documents are notarized by a notary public.    In order to strength the mandate of the notary, customers may choose: -

1. to make a seal certification by the Hong Kong High Court to prove the signature on the certificate is internationally recognized lawyer ( this certification , also known as  Apostille ) ; or
2. to make an endorsement certification by the use of notarized documents consulates to proof that the signer is an internationally recognized lawyer. If the documents are to go to a member of the Hague countries, a notary public ( or called Hague notary ) is needed.   Some members of the Hague Convention require the local consulate to make authentication. Before taking action, please clarify which units / departments request for the notarized documents.

D) Certification make by different consulates in Hong Kong:
To do consulate or consulate endorsement, we need to understand the requirements of different consulates in the country. In the same country, different countries or region consulates  has different requirements, we can be of assistance on this aspect :-

  •  Different State Consulate in Hong Kong - certification or endorsement ;
  •  Different State Consulate in Mainland China - certification or endorsement ;
  •  Chinese Ambassador to the British Consulate (MFA) - certification or endorsement.

E) Different State Consulates in Mainland China - Certification:
Consulates in China make certification (LEGALIZATION BY EMBASSY OR CONSULATE), also known as "Diplomatic certification." Usually, it refers to the Chinese diplomatic institutions and / or foreign in China, consulates in foreign-related commercial documents and instruments that are recognized on the Chinese notarization, authenticating authorities or certain organs signature and / or seal substantiated a legal act. Certified documents will have foreign jurisdiction or legal effect as documents recognized by the relevant authorities in that country in use. Currently, in China, he method for handling foreign commercial documents, instruments consular certification is in form of " double certification", i.e. by the Foreign Ministry at first sight or its authorized agencies for certification, confirming documents related to foreign trade, China notarized certification authority or certain organs signature and / or seal is true, thereafter, send to the respective foreign diplomatic country consular to handle authentication.

F) Different States Consulates in British :
After completion of the above three steps, the documents can be recognized and be used in Mainland China.   Firstly, for those documents of BVI registered company, Seychelles registered company, a company registered in Samoa, Cayman Islands registered company, and for those registered in the UK , it can be notarized by a notary public attorney, then certified by the British Foreign Office, and finally, go to the Chinese British Embassy for certification.

Deep Blue will provide notarization / notary services in respect of the following projects:-

    1 ) China Commissioned notary public ;
    2 ) The Hague certification ;
    3 ) Notary ;
    4 ) States Consulate in Hong Kong certification ;
    5 ) Chinese Embassy in British consulate ;
    6 ) Chinese notary public ;
    7 ) Hong Kong General Chamber of Commerce for endorsement ;
    8 ) Certified States Consulate in Beijing