Get Your Documents Notarised and Apostilled in Hong Kong
In Hong Kong, the process of authenticating documents for use abroad depends mainly on the destination country. As a member of the 1961 Hague Apostille Convention, Hong Kong requires only an Apostille for documents intended for use in other member countries of the Convention. For non-member countries, however, the more complex Consular Legalisation process is necessary. In both cases, notarisation is often the first step.
These methods—notarisation, apostille, and legalisation—are used to verify the authenticity of official and corporate documents so they can be recognised internationally. Businesses and individuals may need to authenticate documents in situations such as opening a bank account overseas, establishing a Wholly Owned Foreign Enterprise (WOFE) in China, or entering into agreements with companies incorporated and operating abroad.
What is the Difference Between Notarisation, Apostille and Legalisation?
The difference between notarising, apostille or legalisation of documents in Hong Kong is as follows:
Notarisation
- Only a notary public can notarise your documents. They will do this by either certifying that the document is a certified true copy, authenticating the signature, or certifying or witnessing an individual’s identity.
- The notary public may issue a notarial certificate depending on your specific requirements.
- The notary public may make a certified copy of the original documents
- The notary public may witness the signing of documents.
- The Hong Kong Notary Public sufficiently fulfils notarisations in most cases. However, there are exceptions, such as the incorporation of a WOFE, where the Chinese Notary will be required.
Apostille
- Specifically for authenticating public documents. The purpose of the authentication is to ensure that the documents are legally recognised and acceptable in a foreign country.
- Usually sufficient if the document in question is going to be used in a country that is party to the Hague Convention. Alternatively, legalisation may be required if not.
- Only issuable by the Hong Kong High Court.
- Not all documents are eligible for the apostille method.
- Apostilles can be obtained for public documents which bear the true signature of the officiating party, and documents signed by either a notary public or the Hong Kong Commissioner of Oaths.
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.
Do I Need to Notarise, Apostille or Legalise?
Before deciding whether you need to notarise, apostille or legalise your documents in Hong Kong, you will need to confirm with the relevant authorities or entities with whom you will present the documents. Identify the necessary requirements, as the authority or entity in question might have its own specific requirements that need to be fulfilled.
For assistance in getting notarised, apostilled or legalised documents in Hong Kong, contact 3E Accounting.
