A deed (as opposed to a simple contract) is a written legal document normally used where no consideration passes between the parties. Power of Attorneys are normally drafted as deeds and are documents we regularly attest. For individuals, it is relatively straightforward as no authorization is required since you are signing it yourself. When it comes to companies, it gets more complicated as board resolutions are required for confirming the authority of the signatories. Updated company searches with the Companies Registry will need to be conducted and updated Register of Directors and Register of Members will need to be obtained from the Company Secretary. Further, as Power of Attorneys are deeds, the relevant laws of Hong Kong for executing deeds will need to be followed and the common seal of the company may need to be affixed to the Power of Attorney where necessary.
For documents which are not deeds (eg commercial agreements, sale and purchase agreements, affirmations/affidavits and declarations), whilst a board resolution will still be necessary in most cases, the common seal will not be required.
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* The above contents are for reference only and shall not constitute legal advice to anyone. We shall not be held liable to anyone for any loss and/or damage incurred as a result of that person’s reliance on the above contents.