Notarial Services for Use in Germany, France, and the European Union

Introduction

Hong Kong's accession to the Hague Apostille Convention in September 2023 has significantly simplified the authentication process for Hong Kong documents intended for use in European Union member states, including Germany, France, and the other 27 EU members, all of which are parties to the Convention. This guide explains the post-accession process for authenticating Hong Kong documents for European use and addresses specific considerations for commonly requested European jurisdictions.

The Apostille Process for EU Member States

Since all EU member states are parties to the Apostille Convention, and Hong Kong is now also a party, the cumbersome multi-step authentication process previously required for European use has been replaced by the streamlined apostille procedure:

1. Notarisation (if required): Private documents must first be notarised by a Hong Kong notary public. Public documents (such as court orders, government certificates, or company registry extracts) may proceed directly to apostille without prior notarisation
2. Apostille from the High Court Registry: The document (notarised or otherwise qualifying) is submitted to the High Court Registry of Hong Kong, which issues the apostille certificate
3. Use in the EU member state: The apostilled document can be directly submitted to the relevant EU authority without further authentication

This process replaces the former chain of authentication through the PRC Ministry of Foreign Affairs and the relevant EU country's consulate.

Germany-Specific Considerations

Germany is a civil law jurisdiction with a notarial system that plays a central role in commercial and personal transactions. When Hong Kong documents are submitted to German authorities or courts:

• The apostille certifies that the Hong Kong notary's seal and signature are genuine, allowing German authorities to accept the document
• German authorities may require a certified German translation of the document. Translations must typically be prepared by a sworn (vereidigter) translator recognised in Germany, not simply a bilingual translation
• For use in German company law matters (e.g., cross-border mergers, GmbH share transfer documentation), specialist advice on German law requirements is essential

France-Specific Considerations

France is also a civil law jurisdiction with its own notarial profession. Key considerations for Hong Kong documents intended for use in France include:

• French authorities require the apostille and, for most documents, a certified French translation by a court-appointed translator (traducteur assermenté)
• Powers of attorney executed in Hong Kong for use in French real estate transactions require notarisation and apostille, and must comply with French notarial requirements to be effective in France
• French inheritance matters may involve mandatory forced heirship rules under French law if the deceased was French or the assets are located in France. Cross-border estate planning advice is essential in these cases

Other EU Member States

While all EU member states accept apostilled documents, each has its own requirements for translation and the specific use of foreign documents. Common requirements across the EU include:

• Certified translation into the official language of the relevant member state
• For certain documents (e.g., marriage certificates, birth certificates, corporate documents), additional national requirements may apply
• The EU Brussels I Recast Regulation and Brussels IIa Regulation may affect the recognition and enforcement of Hong Kong court judgments in EU member states (noting that Brexit has affected some arrangements)

Practical Steps for Hong Kong Clients

For individuals and businesses seeking to authenticate Hong Kong documents for EU use:

1. Identify the specific document and the EU country and authority where it will be used
2. Determine whether the document is a public document (apostille directly) or private document (notarise first, then apostille)
3. Obtain translation into the relevant language from a qualified translator
4. Submit the apostilled and translated document to the EU authority

How Alan Wong LLP Can Assist

Alan Wong LLP's notarial services team assists clients with the complete authentication process for documents intended for use in Germany, France, and other EU member states. We advise on the specific requirements of the relevant authority and country, notarise documents, coordinate the apostille application with the High Court Registry, and advise on translation requirements. We also work with European counsel where local law advice is required. Our bilingual team handles documents in both English and Chinese, which is particularly relevant where Hong Kong documents need to be used in combination with documents from Mainland China.