Notarial Services for Use in the United States: A Hong Kong Guide

Introduction

Individuals and businesses in Hong Kong frequently need to have documents notarised for use in the United States — whether for immigration purposes, real estate transactions, business filings, powers of attorney, or personal legal matters. The authentication and legalisation requirements for Hong Kong documents destined for the United States differ from those for Mainland China or many European jurisdictions, and understanding the correct procedure is essential to avoid delays or rejection of documents.

This guide explains the process for obtaining notarial services in Hong Kong for use in the United States, including the role of the Hague Apostille Convention, the authentication chain, and the specific requirements of different US states and federal agencies.

Hong Kong and the Hague Apostille Convention

The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention) simplifies the process of authenticating public documents for use in other member countries. Under the Convention, a single apostille certificate issued by a competent authority in the originating country is sufficient to authenticate a document for use in any other member country.

The United States is a contracting party to the Apostille Convention. Hong Kong, as a Special Administrative Region of China, acceded to the Convention, and the Convention has been extended to Hong Kong. This means that Hong Kong public documents — including notarised documents — can be authenticated for use in the United States by obtaining an apostille, rather than going through the multi-step legalisation process that was previously required.

The competent authority for issuing apostilles in Hong Kong is the Apostille Competent Authority, which is administered by the High Court Registry. An apostille attached to a Hong Kong notarised document will be accepted by US courts, government agencies, and other institutions that are parties to the Apostille Convention.

The Notarisation and Apostille Process

The process for authenticating a Hong Kong document for use in the United States typically follows these steps:

Step 1: Notarisation by a Hong Kong Notary Public

The first step is to have the document notarised by a Hong Kong Notary Public (not to be confused with a Commissioner for Oaths, who has more limited authority). Hong Kong Notaries Public are appointed by the Chief Justice and are regulated by the Hong Kong Society of Notaries. A notarisation may involve:

• Certifying a copy of an original document as a true copy
• Witnessing the execution of a document (such as a deed, power of attorney, or statutory declaration)
• Certifying the identity of a signatory
• Certifying the authenticity and legal effect of a document under Hong Kong law

The Notary Public will attach a notarial certificate to the document or endorse it with their seal and signature, certifying the relevant fact or act.

Step 2: Apostille from the Hong Kong High Court Registry

Following notarisation, the document is submitted to the High Court Registry for the attachment of an apostille. The apostille certifies the authenticity of the notarial seal and the Notary Public's signature, allowing the document to be used in the United States without further authentication.

The apostille process typically takes a few working days. The original notarised document (together with the apostille) is returned to the applicant and can then be submitted to the relevant US authority.

Common Document Types Requiring Notarisation for the US

The following are among the most common types of documents that Hong Kong residents and businesses need to have notarised and apostilled for use in the United States:

Powers of Attorney

A Hong Kong power of attorney (POA) intended for use in a US real estate transaction, litigation, or business matter must typically be notarised and apostilled. US states have varying requirements as to the form of a POA: some require a specific statutory form, while others accept any document that meets the substantive requirements of the relevant state's law. It is important to ensure that the POA is drafted in a form that will be accepted by the relevant US state or institution.

Personal Identity Documents

Certified copies of Hong Kong identity documents, passports, birth certificates, and marriage certificates are commonly required for US immigration applications, citizenship applications, and other personal legal matters. A Notary Public can certify copies of these documents, which can then be apostilled for US use.

Corporate Documents

Companies incorporated in Hong Kong may need to have corporate documents notarised and apostilled for use in US legal proceedings, regulatory filings, or business transactions. These include certificates of incorporation, memoranda and articles of association, board resolutions, and certificates of incumbency.

Academic Certificates and Transcripts

Hong Kong educational institutions' degree certificates and academic transcripts are sometimes required to be notarised and apostilled for use in US professional licence applications or employer verification processes.

Affidavits and Statutory Declarations

Affidavits and statutory declarations executed in Hong Kong for use in US proceedings must be sworn or affirmed before a Notary Public (or in some cases a Commissioner for Oaths, depending on the nature of the document and the requirements of the receiving US court or agency).

Translation Requirements

Many US courts and government agencies require documents in languages other than English to be accompanied by a certified English translation. Where a Hong Kong document is in Chinese, it must be translated into English, and the translation must be certified as accurate and complete. Translations should be prepared by a qualified translator and, in some cases, may need to be notarised.

US State-Specific Requirements

It is important to note that requirements vary between US states and between different types of US institutions and agencies. For example:

• US Citizenship and Immigration Services (USCIS): USCIS has specific guidance on the form and content of foreign documents submitted in support of immigration applications, including guidance on translations and certified copies
• US courts: Federal and state courts have their own rules governing the admission of foreign documents in evidence, which may require specific certification or authentication steps in addition to the apostille
• Individual US states: Each state has its own notarial law, and the requirements for recognising foreign notarisations can vary. Some states may require additional certification or legalisation steps beyond the apostille, particularly for older records or documents from non-standard registries

It is advisable to check the specific requirements of the receiving US institution or authority before proceeding with the notarisation and apostille process.

Key Differences from Mainland China Notarisation

A common source of confusion is the difference between notarisation for use in Mainland China and notarisation for use in the United States. For documents intended for use in Mainland China, the authentication chain is different: documents must be notarised, then authenticated by the Department of Justice, and then consularised at the Chinese Consulate or Embassy (or processed through CNTA, the China Notarisation and Authentication platform). The apostille process described above applies only to documents for use in countries that are parties to the Apostille Convention, such as the United States.

How Alan Wong LLP Can Help

Alan Wong LLP provides a full range of notarial services in Hong Kong, including notarisation of documents for use in the United States. Our Notary Public can assist with:

• Witnessing and certifying the execution of powers of attorney, deeds, and other legal documents
• Certifying true copies of passports, identity documents, company documents, and other official records
• Preparing and notarising affidavits and statutory declarations
• Advising on the apostille process and liaising with the High Court Registry for the attachment of an apostille
• Advising on US state-specific requirements for notarised documents
• Coordinating certified translations where required

We work efficiently to ensure that your documents are correctly prepared, notarised, and apostilled to meet the requirements of US courts, government agencies, and other institutions.

Conclusion

Having a Hong Kong document notarised and apostilled for use in the United States is a straightforward process when the correct steps are followed. The key is to start with a properly notarised document from a qualified Hong Kong Notary Public, followed by an apostille from the High Court Registry. Given the variation in requirements between US states and agencies, obtaining legal advice before initiating the process can save time and avoid the need for documents to be re-executed or re-submitted.

This article is for general information purposes only and does not constitute legal advice. For notarial services or advice on specific document requirements, please contact Alan Wong LLP.