Notarial Services for Use in Mainland China: A Practical Guide

Many Hong Kong residents, businesses, and overseas nationals require documents notarised and authenticated for use in Mainland China — whether for property transactions, inheritance, business registration, visa applications, or legal proceedings. The process differs from obtaining an apostille for countries party to the Hague Convention, because Mainland China is not a party to the Hague Apostille Convention. Instead, documents for use in the Mainland follow a specific notarisation and authentication process. This guide explains the steps, common document types, and practical tips for obtaining notarial services for use in Mainland China from Hong Kong.

Why Notarisation is Required for the Mainland

Mainland Chinese authorities (government departments, courts, property registries, banks, and public security bureaus) frequently require foreign documents to be authenticated before they will recognise their legal effect. For documents originating in Hong Kong — which is a separate jurisdiction from the Mainland under the "One Country, Two Systems" framework — authentication by the appropriate authority is required to certify that a Hong Kong notary public's signature is genuine and that they hold the appropriate authority.

The authentication chain for Hong Kong documents for use in the Mainland is:

1. Notarisation by a Hong Kong Notary Public (who is a qualified solicitor admitted to the roll of Notaries Public maintained by the Secretary for Justice)
2. Authentication by the Department of Justice of the Hong Kong Special Administrative Region Government
3. Legalisation by the China Legal Service (HK) Ltd, an authorised agent of the Central People's Government

The result is a document that carries full legal recognition throughout Mainland China.

The One-Stop Notarisation and Authentication Service

To streamline the process, the Hong Kong SAR Government and China Legal Service (HK) Ltd offer a One-Stop Notarisation and Authentication Service. Under this service, a single visit to China Legal Service's offices (or a submission through a law firm like Alan Wong LLP) can handle both the DoJ authentication and the CLS legalisation steps simultaneously, significantly reducing processing time.

Who Can Perform Notarial Acts in Hong Kong?

In Hong Kong, only a Notary Public (not every solicitor) can perform notarial acts. Notaries Public are solicitors who have completed additional specialist training and examination and have been admitted to the roll of Notaries Public by the Secretary for Justice pursuant to the Notaries Public Ordinance (Cap. 11). They have authority to:

• Certify copies of documents as true and correct copies of the originals
• Verify and certify the execution of documents (including signatures and deeds)
• Administer oaths and affirmations
• Certify translations (in conjunction with a certified translator)
• Attest to various facts and matters for use abroad

Alan Wong LLP has qualified Notaries Public who can provide notarial services for Hong Kong-based documents intended for use in Mainland China.

Common Documents Notarised for Mainland China Use

Personal Documents

• Birth certificates: Commonly required for applications for Mainland residency documents, school enrolment, or proof of age
• Marriage certificates: Required for Mainland property transfers between spouses, name changes, or family reunion visa applications
• Divorce certificates or court orders: Required for property transactions or change of marital status on Mainland identity documents
• Death certificates: Required for estate administration, succession claims, and property transfers on the Mainland
• Wills: A will made in Hong Kong may require notarisation and authentication before it can be probated or relied upon in Mainland proceedings
• Powers of attorney: Authorising a Mainland resident to act on behalf of the Hong Kong document holder in Mainland transactions (e.g., property sale, company registration)
• Academic certificates: Degrees and diplomas may require notarisation for use in Mainland employment applications or professional registration
• Criminal record certificates: Sometimes required for Mainland employment or professional registration

Corporate Documents

• Certificate of Incorporation: Required when registering a Hong Kong company as a shareholder or parent of a Mainland entity (WFOE, joint venture)
• Business Registration Certificate: Similarly required for Mainland business registration purposes
• Articles of Association / Memorandum and Articles: Required for opening bank accounts in the Mainland, submitting to Mainland regulatory authorities, or registering as a foreign investor
• Board resolutions and authorisations: Required to authorise transactions or representatives in the Mainland
• Director/shareholder identity documents: Certified copies of passports or HKID cards of directors and shareholders may be required for Mainland corporate filings
• Financial statements: Audited accounts may require notarisation for Mainland regulatory purposes

Property-Related Documents

• Title deeds and property certificates: Required when a Hong Kong resident seeks to deal with Mainland property (e.g., proving ownership for mortgage or sale)
• Letters of administration / Grant of probate: Required for estate administrators dealing with Mainland property in a deceased person's estate

The Step-by-Step Notarisation Process

Step 1: Prepare the Original Documents

The notary public will need to see the original document (not a photocopy) for most notarial acts. For certified true copies, the original is required for comparison. For verification of signatures, the signatory must appear in person before the notary. Arrange for all signatories to attend the notary's office with valid identification (HKID or passport).

Step 2: Notarisation by the Notary Public

The notary public examines the document, verifies the identity of signatories (if applicable), and executes the relevant notarial certificate or endorsement. The notary's signature and stamp are affixed. The notarial act creates the official record of the attestation.

Step 3: Authentication by the Department of Justice

The notarised document is submitted to the Consular Legalisation Section of the Department of Justice (DoJ) for authentication of the notary public's signature and stamp. The DoJ verifies that the notary is indeed on the roll of Notaries Public. Authentication is typically completed within 1–2 working days (standard service) or on the same day (urgent service, subject to availability).

Step 4: Legalisation by China Legal Service (HK) Ltd

The DoJ-authenticated document is submitted to China Legal Service (HK) Ltd (an authorised agent of the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong) for legalisation. CLS affixes its own certificate to confirm the authenticity of the DoJ authentication. Standard processing takes 2–3 working days; express services are available.

Step 5: Translation (if Required)

If the original document is in English (or a language other than Chinese), a certified Chinese translation is typically required by Mainland authorities. The notary public can certify translations prepared by a qualified translator, or the Mainland authority may require a translation by a specific Mainland notary.

Fees and Timelines

Typical fees and timelines (subject to change and individual notary/DoJ/CLS fee schedules):

Stage	Standard Timeline	Typical Fee Range
Notary Public fees	1–3 working days	HK$500–2,500+ per document (varies with complexity)
DoJ authentication	1–2 working days (standard); same-day available	HK$170 per document (standard)
CLS legalisation	2–3 working days (standard); express options available	HK$310– HK$600+ per document (standard to express)

Total processing time for a standard notarisation and full authentication is typically 5–10 working days end-to-end, though expedited services can compress this significantly.

Common Issues and Practical Tips

• Document condition: Ensure documents are clean, undamaged, and complete. Damaged or altered documents may be rejected by the notary, DoJ, or Mainland authority.
• Original vs. certified copy: Mainland authorities vary in their requirements — some require original notarised documents, others accept certified copies. Confirm with the receiving Mainland authority before proceeding.
• Translation requirements: Confirm whether the Mainland authority requires a Hong Kong certified translation or a translation prepared by a Mainland notary office (gòngzhèngchù). Requirements vary by authority and document type.
• Corporate chain of authority: For corporate documents, ensure the full chain of authority is notarised where required (e.g., board resolution authorising a power of attorney, with director identity documents certified separately).
• Plan for lead time: Allow adequate time for the full notarisation and authentication process, particularly if documents are needed for a property transaction completion or court filing with a fixed deadline.
• Confirm requirements with the Mainland authority: Requirements can vary by province, city, and authority. Before incurring notarisation costs, confirm the exact requirements with the receiving Mainland authority or engage a Mainland lawyer to verify.

Conclusion

Obtaining notarial services for documents intended for use in Mainland China from Hong Kong is a well-established process, but attention to detail and planning ahead are essential to avoid delays and rejections. Alan Wong LLP's qualified Notaries Public can assist with the full process — from initial notarisation through to submission to the DoJ and CLS — ensuring that your documents are properly authenticated for use in Mainland China.

Contact Alan Wong LLP to discuss your notarial requirements or to arrange an appointment with one of our Notaries Public.