Our legal services

1. Q: What is the role of a Notary Public?

 A: A Notary Public is an internationally recognized legal officer responsible for authenticating signatures, documents, and facts. They provide notarial certificates and play a crucial role in various legal transactions.

2. Q: When might I need Notary Public Services?

 A: You may require Notary Public services for various purposes, including certifying identity, international business transactions, property transactions abroad, witnessing Powers of Attorney, business setup overseas, sponsoring relatives for immigration, adopting children, and dealing with travel documentation.

3. Q: What documents can be notarized for international use?

 A: Documents intended for international use, including those for the USA, Canada, European countries, Russia, South America, Middle East, Africa, Taiwan, Macau, and other Asian regions/countries, can be notarized. This may include contracts, passports, affidavits, and more.

4. Q: How much is the service fee for Notary Public services?

 A: The service fee for Notary Public services starts from HK$1,000. The fees vary based on the type of service, such as formal notarial certificates, attestation, affirmation, apostille, and legalization.

5. Q: Can I get same-day or immediate service for notarizing documents?

 A: Yes, speedy same-day or immediate services are available for simple documents and witnessing, often without additional charges. Contact Miss Law at 6888-9999 (via CALL or WHATSAPP) for English/Cantonese assistance.

6. Q: How do I contact for Notary Public services if Miss Law is unavailable?

 A: In case Miss Law cannot be reached, you can leave a voice message for a callback or send an inquiry form. Alternative contact methods ensure prompt responses to your notary service needs.

7. Q: Are there additional services for documents to be used in Mainland China? 

 A: Yes, if you require attestation of Hong Kong documents for use in Mainland China, you can visit the China attesting service website at www.ytt.so for specific services tailored to this requirement.

8. Q: What international regions and countries are covered for document notarization?

 A: Document notarization services cover a wide range of international regions and countries, including the USA, Canada, European countries, Russia, South America, Middle East, Africa, Taiwan, Macau, and other Asian regions/countries.

9. Q: How many full-time Notary Public professionals does Yip, Tse & Tang Solicitors have?

 A: Yip, Tse & Tang Solicitors has three full-time Notary Public professionals to cater to your notarization needs.

10. Q: What distinguishes a Notary Public in Hong Kong for international use?

 A: A Hong Kong Notary Public obtains special qualifications through a public examination and is recognized by the Chief Judge of the High Court. Their international and trusted character is acknowledged globally, and notarial acts have special evidential status abroad.

FAQ : Enduring Power of Attorney

10 FAQs on Enduring Power of Attorney in Hong Kong by Yip, Tse & Tang Solicitors:

1. What is an enduring power of attorney (EPA) in Hong Kong?

An EPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf regarding finances and property if you become mentally incapable.

2. Why do I need an EPA in Hong Kong?

An EPA ensures your wishes are respected if you can't make decisions due to illness, accident, or age-related incapacity. It empowers your chosen representative to act in your best interests and avoid court intervention.

3. Who can be my attorney under an EPA?

You can choose anyone you trust over 18 years old, mentally competent, and residing in Hong Kong. Spouses, children, siblings, close friends, or professional trustees are common choices.

4. What can my attorney do under an EPA?

The scope of powers granted depends on your specifications. It can include managing bank accounts, paying bills, buying/selling property.

5. What are the different types of EPAs in Hong Kong?

• General Power of Attorney: Short-term objective e.g. sale of a flat and may cover lots of things.
• Special Power of Attorney: Specially for dealing with properties such as leasing and sale.
• Enduring Power of Attorney: Effective on specified scope even Donor of the power become mentally incapacitated.

6. How much does it cost to create an EPA in Hong Kong?

At Yip, Tse & Tang Solicitors, we offer competitive rates. While costs vary depending on complexity, our starting fee for an EPA is HK$8,000, ensuring affordability and expert guidance.

7. Do I need a lawyer to create an EPA?

While not mandatory, legal expertise ensures your EPA is valid, comprehensive, and tailored to your specific needs. Yip, Tse & Tang Solicitors can guide you through the process with clarity and efficiency.

8. Can I modify my EPA after it's created?

Yes, you can amend or revoke your EPA anytime while you have mental capacity. Consulting a lawyer ensures proper procedures are followed.

9. What happens if I don't have an EPA and become incapacitated?

The court may appoint someone to manage your affairs, which can be a lengthy and potentially costly process. Having an EPA simplifies decision-making and protects your interests.

10. Where can I get more information or help with creating an EPA?

Contact Yip, Tse & Tang Solicitors today! We offer a free consultation to discuss your needs and answer any further questions you may have. Secure your future and empower your loved ones with a legally sound EPA.

Remember: This information is for general knowledge only and does not constitute legal advice. Please consult with a qualified lawyer like Yip, Tse & Tang Solicitors for personalized guidance specific to your situation.

FAQ : Prenuptial Agreement in Hong Kong

1. Is a prenuptial agreement enforceable in Hong Kong? 

While not directly binding, prenups can be upheld by the Court if deemed "fair" and entered into freely with independent legal advice. Case law like MacLeod v. MacLeod (2008) highlights these factors.

2. What can a prenuptial agreement cover in Hong Kong? 

Prenups can address finances, property ownership, spousal support, inheritance, and debt division upon separation or divorce. Refer to Radmacher v. Granatino (2010) for examples.

3. When should I consider a prenuptial agreement in Hong Kong? 

It's advisable before marriage if one partner has significant assets, income disparity exists, or businesses require protection. SPH v. SA (2014) demonstrates its potential in complex financial situations.

4. Are there any limitations to what a prenuptial agreement can cover? 

Prenups cannot override child custody arrangements or provisions deemed unfair or against public policy.

5. How much does a prenuptial agreement cost in Hong Kong? 

Costs depend on complexity and lawyer experience. Fees typically range from HK$10,000 to HK$30,000+.

6. Do both parties need separate lawyers for a prenuptial agreement? 

While not mandatory, independent legal advice is crucial for both parties to ensure informed consent and fairness.

7. Can a prenuptial agreement be modified after marriage? 

Yes, with both parties' consent and legal documentation. Consider seeking legal advice for modifications.

8. What happens if we don't have a prenuptial agreement? 

HK divorce courts follow common law principles, dividing assets based on fairness and contributions during marriage.

9. Can a prenuptial agreement prevent me from receiving spousal support? 

Prenups can address spousal support, but courts retain discretion based on need and individual circumstances.

10. Should I disclose all my assets in a prenuptial agreement? 

Full disclosure is crucial for ensuring the agreement's fairness and enforceability. Seek legal advice on what to disclose.

Disclaimer: This information is for general knowledge only and does not constitute legal advice. Please consult with a qualified lawyer for specific guidance related to your situation.

1. What are the grounds for divorce in Hong Kong? 

Hong Kong adopts a "no-fault" divorce system, meaning you don't need to blame your spouse for the breakdown of the marriage. The only ground for divorce is that the marriage has irretrievably broken down, evidenced by one of five factors: adultery, unreasonable behavior, desertion, separation for one year with consent, or separation for two years without consent.

2. Do I need a lawyer for a divorce in Hong Kong? 

It's highly recommended to have legal representation, even if it's for guidance and document preparation. Divorce proceedings can be complex, and legal expertise can ensure your rights and interests are protected.

3. How long does a divorce take in Hong Kong? 

The timeframe depends on various factors like complexity, agreement on terms, and court availability. Undisputed divorces generally take 4-6 months, while contested cases can last longer.

4. Does the court prefer settlement or going to trial? 

The Hong Kong courts strongly encourage and facilitate settlement through mediation and negotiation. Going to trial is seen as a last resort due to its time, cost, and emotional impact.

5. What happens if we can't agree on child custody or finances? 

If disputes arise, the court will hold hearings and make decisions based on the child's best interests and fairness principles. However, reaching an agreement through negotiation or mediation is still preferred.

6. Is there financial support for spouses during divorce proceedings? 

Spousal maintenance may be awarded depending on individual circumstances and financial needs. Both parties' income, earning capacity, and lifestyle are considered.

7. What happens to our assets and debts in a divorce? 

Assets and debts acquired during the marriage are generally divided based on "contribution and sharing" principles, considering each spouse's contributions and needs. Separate property held before marriage may be treated differently.

8. Do I need to disclose all my financial information in a divorce? 

Full and honest disclosure of income, assets, and debts is crucial for fair settlement and court decisions. Withholding information can have legal consequences.

9. Can I remarry after a divorce in Hong Kong? 

There's no waiting period to remarry after a final divorce decree.

10. Where can I get more help and information about divorce in Hong Kong? 

Consult with a qualified divorce lawyer for specific guidance related to your case. You can also contact the Legal Aid Department or seek support groups for emotional support during this challenging time.

Remember: This information is for general knowledge only and does not constitute legal advice. Consult with a qualified lawyer for personalized guidance related to your specific situation.