Notarization: A General Overview

Notarization authenticates the signing of a document and/or authenticates that a copy of a document is a true copy. In essence it provides certainty to the end user(s) that fraud has not taken place, the document is valid and/or the signature(s) is valid.

You can tell if a document has been notarized as it will be signed by the notary and sealed with the notary’s official seal which will clarify that the person authenticating is a notary. Further the notary will likely have added their certificate, which will also be signed and sealed.

Once completed, the notarized document should not be tampered with, as this will likely lead to it being refused by the end user. “Tampering” with a document includes seemingly harmless actions, such as removing staples to make a photocopy, so be careful!

Q1. What should be considered when notarizing?

Before arranging notarization, you should:

• check that the document actually requires notarization. The end-user or a local notary should be able to confirm this;
• consider whether a notarial certificate is required. This is usually dependant on the final user of the document, but also the size of the document and cost considerations (it is often cheaper to obtain a notarial certificate for larger documents);
• contemplate timing implications. This is particularly important when a document requires notarization in the process of a transaction. It is wise to consider time constraints and at what stage of the completion process the document needs to be notarized;
• check if apostille or legalisation is also required; and
• check in advance what the notarial and apostille/legalisation fees are.

Q2. How do I notarize a document?

You will need to make an appointment with a notary. A list of the Hong Kong notaries can be found via the Hong Kong Society of Notaries.

When having the document notarized, the relevant documents should be brought along. A competent notary should inform you of what these are before you attend the notary’s office.

Usually, this will include evidence of identity of the party executing the document and, for a business party, evidence of authority to execute the document. In the case of a private party, evidence of identity will generally be an original valid passport or original photo ID and confirmation of address (for example, a utility bill).

In the case of a business party, in addition to checking the personal identity of any individuals, the notary will need to establish that the entity (company or other organisation) which the individual represents exists and that the individual is authorised to represent that entity.

Lastly, check whether originals or certified true, complete and up-to-date copies are acceptable for the notary. The notary may request to see a copy of the document beforehand, so that they can start preparing the notarial certificate.

If you are unsure about any aspect of the process, ask the notary for advice.

Q3. How long is a notarized document valid?

The notarization itself will always be valid. However, whether the notarized document can be used or not will depend on the specific circumstance. For example, a power of attorney (POA) is often time limited (e.g., 1 year). Once a time limit has been reached, the POA itself will have expired and will not be enforceable. However, the notarization (i.e., the authentication of effective execution of the POA) will not have expired.

Further, the end party/authority may require that notarization takes place within a certain time period. This does not mean the notarization has lapsed, rather the end user’s requirements dictate that notarization should have taken place within a certain time frame for the document to be used.

Q4. Can you notarize a document in a different language?

In short, yes. It is not a requirement that the notary understands the document themselves they just need to be satisfied that the executing party understands the document. For the avoidance of uncertainty and for security of mind, it may be sensible to have the document officially translated into a language the notary can understand, then have it notarized in the normal way.

Q5. Can a notary in Hong Kong certify foreign documents?

As with all notarizations the notary cannot certify that a document itself is valid. They can certify that a document is a true copy of the original or that a document has been authentically executed.  Therefore, like notarizing foreign language documents, the notary will need to be satisfied that the executing party understands what they are signing, the notary does not need to understand the document themself.

Q6. What are the most commonly notarized documents?

Notarial documents come in different forms and will be notarized for different reasons.

Often, official Court documents or identification documents need notarized. This is especially the case for papers which are to be used overseas. For example, an affidavit executed in Hong Kong for use in an overseas jurisdiction, will likely require the signor’s signature to be witnessed and stamped by a notary, for acceptance by the overseas Court. A Hong Kong notary’s certification will provide certainty as to the due execution and/or validity of a document in Hong Kong.

The notarized document may also need apostilled or legalized (depending on the end user’s jurisdiction). The purpose of apostille/legalization is to validate that the authenticating person is a notary in Hong Kong.

Some examples of documents that are commonly notarized include, passports, ID cards, marriage/birth/death certificates, statutory demands, affidavits, POAs and consents.

Q7. What is the difference between notarization, apostille and legalisation?

Notarization is the process of authenticating execution and/or certifying a true copy, as already explained.

In Hong Kong, apostille is a verification by the Hong Kong High Court that the notary is an authentic notary in Hong Kong and therefore the document can be relied on. Documents can only be apostilled between jurisdictions who are a party to the Hague Convention.

Legalization is usually required when apostille is not possible for use in the end jurisdiction (i.e. a jurisdiction this is not a party to the Hague Convention). It basically achieves the same end result as apostille but will need to be legalised by the relevant embassy in which the document is intended to be used. It is more cumbersome as legalization requirements for each embassy differ: a notarial certificate may or may not be needed; some embassies will require documents to be notarised separately, some will not; supporting documents will vary. The list goes on.