China Appointed Attesting Officer

China Appointed Attesting Officer

1.) What is China-Appointed Attesting Officer?

A China-Appointed Attesting Officer is a senior lawyer qualified in Hong Kong with over ten years of practice experience. They are appointed by China’s Ministry of Justice after undergoing centralized professional training and passing required examinations and assessments. China-Appointed Attesting Officers resolve the mutual recognition of documents between Mainland China, Hong Kong, and Macao. They issue notarial certificates to verify legal acts, legally significant events, and documents occurring in Hong Kong.

2. ) Why is notarization necessary?

Hong Kong and Macao possess independent judicial systems that significantly differ from Mainland China’s legal framework. Consequently, legal acts, documents, and facts originating in Hong Kong or Macao are not automatically recognized in the Mainland. According to the Notice of the Supreme People’s Court and the Ministry of Justice on the Validity of Notarized Documents Related to Hong Kong, only notarial certificates issued by China-Appointed Attesting Officers and subsequently reviewed, stamped, and forwarded by China Legal Services (Hong Kong) Ltd. under the Ministry of Justice possess evidentiary and enforceable validity in the Mainland.

3.) What is the notarization process?

1. Confirm document type (verify format, content, and quantity with the Mainland authority).
2. Engage a China-Appointed Attesting Officer (experienced China-Appointed Attesting Officer provides professional advice).
3. Prepare materials and draft documents.
4. Sign documents (signatures or declarations by China-Appointed Attesting Officer or client depending on document type).
5. Submit the notarized instrument to China Legal Services Limited for review, registration, stamping, and forwarding (not reviewed, stamped, and forwarded certified instruments should be regarded as not having the validity of a notarized instrument under the PRC Civil Procedure Law).
6. Collect documents (1-2 working days for personal matters; 3-4 working days for corporate matters; options for in-person collection, authorized pickup, or postal delivery).

4.) What are the main types of attested documents?

- Declarations - Certification and witnessing of execution of legal documents - Certification of legal facts - Certification of original and duplicate documents - Certification matters related to the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

5.) I am a Hong Kong resident planning to marry a Mainland resident. What should I do?

You need a China-Appointed Attesting Officer to issue a "Declaration of Single Status for Marriage". Required documents depend on your marital history: (1) No prior marriage: Hong Kong ID card, Mainland Travel Permit for Hong Kong and Macao Resident, Certificate of No Marriage Record, spouse’s Mainland household register (hukou) and ID card, plus the full name, address, postal code, and phone number of the Mainland Civil Affairs Bureau where marriage will be registered, and your Hong Kong address. (2) Prior marriage(s): All documents above, plus marriage certificate(s) and divorce certificate(s) for each previous marriage.

6.) Our Hong Kong-registered company plans to invest in a Mainland subsidiary or acquire shares in a Mainland company. What should we do?

You need a "Certificate of Company Director Resolution". Additionally, prepare the following Hong Kong company documents: Business Registration Certificate (check validity), Certificate of Incorporation, Unique Business Identifier Reference, Annual Return, Protected Director Information, Written Resolution of All Directors, Register of Directors, Register of Members (Shareholders).

7.) I am a Hong Kong resident. How do I inherit my family member's property in Mainland China?

To renounce inheritance, you need to prepare a "Statement of Renunciation of Inheritance Rights" and provide the following documents and information: Deceased's death certificate, ID card, and Mainland Travel Permit for Hong Kong and Macao Resident; Each declarant's Hong Kong ID card and Mainland Travel Permit for Hong Kong and Macao Resident; Proof of kinship.

8.)I am a Hong Kong resident. How do I renounce my inheritance rights to my family member's property in Mainland China?

To renounce inheritance, you need to prepare a "Statement of Renunciation of Inheritance Rights" and provide the following documents and information: Deceased's death certificate, ID card, and Mainland Travel Permit for Hong Kong and Macao Resident; Each declarant's Hong Kong ID card and Mainland Travel Permit for Hong Kong and Macao Resident; Proof of kinship.

9.) I want to authorize a Mainland lawyer to represent me in a Mainland case. How can I do this?

If you cannot go to the Mainland in person, you can appoint a China-Appointed Attesting Officer to notarize the "Power of Attorney" authorizing the Mainland lawyer to act on your behalf.

10.) I am a new Hong Kong resident and now wish to handle my assets in Mainland China. However, these assets were purchased during the period when I was using my Mainland ID card. What should I do?

You need to apply for the "Administrating declaration of same person statement". The following documents and materials are required: Hong Kong Identity Card, Mainland Travel Permit for Hong Kong and Macao Resident, Mainland ID Card, Cancellation document issued by public security authorities (supporting document for identity cancellation).