Case study:
A director of the Cayman Islands company has to make an Affidavit /Affirmation on behalf of the company to authorize the agent in Cayman Islands to send electronic records to the Cayman Islands Monetary Authority.
The Affidavit/Affirmation usually contains the following paragraphs or wordings to such effect:
“.......the agent, is duly authorised to send electronic records to the Cayman Islands Monetary Authority on behalf of the Applicant which shall be deemed to be the Originator of such electronic records as defined by the Law.
Such electronic records shall include, but are not limited to, any document, record or information which is required or permitted by any statutory provision or rule of law or by contract or deed or any general correspondence. Where such information may ordinarily be required to be in writing, that requirement shall be met by information in the form of an electronic record in accordance with section 7(1) of the Law. ‘’
The Affidavit / Affirmation has to be signed by the affirmant (located in Hong Kong) before a notary public in Hong Kong. The notary public will sign and affix official seal on the Affidavit/ Affirmation as witness after taking the oath and verifying the identity of the affirmant.
Before making the appointment for the notarization of the Affidavit/ Affirmation, please email us the following :
1) Certificate of Incorporation of the Cayman Islands company
2) Register of directors and members
3) Certificate of Incumbency
4) Board resolutions of the company authorizing the director to sign the Affidavit on behalf of the company
Things to bring to the appointment :
1) The Affidavit/ Affirmation to be notarized;
2) HKID and/or Passport of the director; and
3) Address proof of the director within recent 3 months (e.g. utility bill, bank statement)
Company chop and common seal of the Cayman Islands company is not required for the notarization of the Affidavit/Affirmation.
For Hong Kong Notary Public & China Attestation services, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers.
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
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