Yes, a notary is only attesting to the signature, so they don't need to read or care about the document itself (NY Gen Oblig L § 5-1501B(1)(b)). A Hong Kong notary is fine to notarize a New York document. They are simply attesting that you are the person signing it where you are. You get it notarized where you presently are.
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Can I get a notary in Hong Kong to sign and witness the POA NY Statutory short form?
I understand you need a notary in Hong Kong to witness the signing of a Power of Attorney form from New York. Are you currently located in Hong Kong?
Yes, am working in HK at the moment but need a POA to close a bank account in NY.
Have you already obtained the specific NY Statutory Short Form Power of Attorney that you need notarized?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your notarization in Hong Kong.
May I ask if there's any charge for the inquiries?
Hello! Thanks for using AskaLawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service.
Hello. My question is whether or not a notary in HK can notarize the POA NY Statutory short form.
Yes, a notary is only attesting to the signature, so they don't need to read or care about the document itself (NY Gen Oblig L § 5-1501B(1)(b)). A Hong Kong notary is fine to notarize a New York document. They are simply attesting that you are the person signing it where you are. You get it notarized where you presently are.
What about a NY notary that’s currently in HK right now?
I don't know how you'd find an NY notary in Hong Kong. A notary is a notary. If they are certified by the process and country, they're fine.
I know a NY notary that is currently visiting HK and want to confirm that this person can notarize the documents outside of the US.
That's up to NY law and their abilities. I, as a notary, can because I'm an attorney. I don't see why their power stops if they're on vacation.
If this person just has a notary license and not an attorney, then would need to check the NY law?
Yes, see here: https://dos.ny.gov/become-notary-public
OK, the signing needs to be in person? Can I have a video call to show that I am signing the document and then mail it to the Notary in the US to sign?
It needs to be in person, yes.
If I get an attorney to do the notary for me in HK, would the agent that I am granting POA in NY need to be present as well?
No. Just you, not the agent.
What about the part being signed by the agent?
That isn't normally notarized. They sign accepting when they sign.
OK, thank you for your help then.
Did you have any other questions or concerns? Do you need any clarification on what we have discussed?
Am all clear, thanks.
Sounds good. Happy to help. Thank you very much. Take care now and be well!
