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Power of Attorney (POA)
According to international practice, the purpose of obtaining an Apostille (Hague certification) is to ensure that documents such as notarized certificates issued in one country are recognized and hold legal validity in another country, without their legal effect being compromised by doubts regarding the authenticity of the seals and signatures on the documents. For a document to undergo Apostille certification, it must first be notarized by an international notary public. Documents that have not been notarized will not receive the Apostille seal from the High Court. Notarization is the process of certifying the authenticity and legality of civil legal acts, legally significant facts, and documents in accordance with statutory procedures.
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We often encounter clients holding a Power of Attorney and asking us, "I need to get an Apostille for this Power of Attorney. Do I need to sign it in person before a notary public?"
According to legal requirements, for a Hong Kong international notary public to notarize a Power of Attorney, the principal must personally appear before the Hong Kong notary to sign the document. Only then can the notary provide a testimonial confirming that the signature on the Power of Attorney is genuine. If the principal is unable to appear in person to sign, the notary can only attest that the Power of Attorney itself is authentic but cannot confirm the authenticity of the signature on it.
A Power of Attorney is a document with significant legal implications. The principal should understand the purpose of the document, be aware of and agree to its contents, decide independently whether to sign and proceed with the process, and bear all associated responsibilities and legal consequences.
Therefore, if you require a notary to confirm that the signature on the Power of Attorney is genuine and belongs to the principal, the principal will need to make a trip to Hong Kong. We do not notarize applications with insufficient documentation, false materials, or fabricated facts.
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