• Handle share and/or assets acquisition transactions, sale and purchase or transfer of business, conduct legal due diligence and prepare documentations and deed of assignment of loans for the transactions
• Advise on and prepare documentations for capital restructuring e.g. capital reduction, shares allotment, issue of different types of shares, company restoration and liquidation, company set up and compliance issues
• Advise on and prepare documentations for variation of shareholder's rights like dividends rights, voting rights and amendments of Articles of Association
• Handle tax exemption application for charities under s.88 of the Inland Revenue Ordinance
• Prepare and advise on business contracts, like shareholders agreement, partnership agreement, franchise agreement, service contract, distribution agreement, etc

Debts Recovery

We advise creditors on the legal remedies and options for an efficient recovery of debts owing and due to you (including unpaid or outstanding invoices, account receivables etc), together with interest which has accrued on the debts, and keep the recovery costs to a minimum so as to secure your cash-flow.

Our legal services include:

• Issue letters before action / demand letters
• Conduct credit/ status / company search to determine whether it is viable to pursue a debtor in terms of his/ her financial or legal status
• Drafting and serving statutory demands
• Compulsory Winding up petition and proceedings, Creditor's Voluntary Winding Up or Member's Voluntary Winding Up procedures (in relation to company debtor )
• Bankruptcy petition and proceedings (in relation to individual debtor)
• Debt recovery proceedings or monetary claim in Court
• Enforcement of Court judgement for payment of judgment debts (e.g. apply for Writ of Execution)

A creditor can file a compulsory winding up petition into court for a winding up order against a company when the company is unable to pay a debt of HK$10,000 or above for at least 3 weeks.

The winding-up of the company by the Court shall be deemed to commence at the time of the filing of the winding up petition. After the commencement:

1. any disposition of the property of the company, including any transfer of shares or alteration in the status of the shareholders of the company, unless the court orders otherwise, is void; and
2. the company or any creditor or shareholder may apply to the court to stay or restrain any pending action or proceeding against the company.

The creditor can serve on the debtor a Statutory Demand and file into Court creditor's bankruptcy petition under the Bankruptcy Ordinance if the debtor has not complied with the Statutory Demand to the satisfaction of the creditor.

For legal advice and services on corporate and commercial & debt recovery matters, please call +852-2856 3078 or e-mail: cac@ccsn.hk.

We provide an objective evaluation of the strengths and weaknesses of your case and evidence, and work out litigation strategy to resolve your disputes with the view to obtaining outcome which is of your best interest and minimizing legal costs.

We could also explore and advise on alternatives to court litigation and implement the alternative solutions to resolve the disputes, e.g. negotiation of settlement with opposite parties, attempt mediation or arbitration.

Commercial Litigation/ Civil litigation handled by us

1. Shareholders' disputes e.g. seek declarations from court, handle unfair prejudice petition proceedings, advise on legal remedies to protect minority shareholders' rights, derivative action
2. Take out company winding up proceedings to resolve shareholders' deadlock
3. Claims against director, e.g for diverting company clients to another company in which they have an interest; for acting in conflict when making company decisions, for having embezzled company assets and money in bank accounts, for using company's funds for personal expenditure for example holidays and cars
4. Handle removal of director procedures
5. Partnership disputes
6. Contractual disputes e.g disputes on sale of goods or supply of services, for unpaid invoices or poor quality of goods sold and delivered and services supplied
7. Internet scam case and Injunctions for asset recovery and freezing assets, bank accounts
8. Personal injury claims
9. Employees' claims or employees' compensation claims

For legal advice and services on Commercial/ Civil Litigation matters, please call +852 2856 3078 or e-mail: cac@ccsn.hk.

Our Art Law Services include:

Contracts for the Art and Creative Industries

Draft, Review and Advise Contracts or Terms and Conditions for artists, galleries, art dealers, art consultants, storage and logistics service providers, designers, online auction platforms and the creative industries, etc:  

• Artists Contract
• Art Consultation Services Contract
• Commission Contract
• Contract for Auction Houses, Storage and Logistics Service Providers for the Art and Creative Industries
• Exhibition or Consignment Contract
• Gallery and Agent Contract

Commercial and Legal matters of the Art or Creative Industries

• Advise on and handle the buying and selling of art work, art galleries and studios
• Advise on the establishment of charity for the promotion of art and culture education in Hong Kong and application for tax exemption status under the Inland Revenue Ordinance
• Advise on capital or fund raising and loan transactions for investors, collectors, galleries
• Advise on corporate structures, commercial and employment issues for art galleries, studios, auction houses, etc

Intellectual Property

• Artwork copyright protection and commercial exploitation of copyright and designs
• Handle trademark or design registrations
• Advise on artist's IP resale rights and copyright fair use analysis
• Advise on and handle copyright and trademark infringement proceedings and arbitration, e.g involving commissions and collaborations
• Advise on intellectual property licensing issues and transactions for the art and creative industries

Dispute Resolution

Handle and resolve local or cross-border disputes for artists, collectors, dealers, investors or galleries with the objective of achieving a workable and commercial outcome for the parties concerned through Court proceedings or Arbitration, including:  

• Ownership and restitution of claim of artwork
• Sale and purchase disputes of artwork, e.g. non- return of artwork, delayed delivery, default of payment for art commissions
• Compensation or insurance claims for lost or destroyed or damaged artwork
• Authenticity disputes, art fraud and forged art work
• Ownership claim in family disputes and divorce cases

For Hong Kong Art Law Services, please call + 852-2856 3078 or e-mail: cac@ccsn.hk.

• Advise on and drafting employment contracts, termination agreements, post termination restrictions
• Advise on the respective rights of expatriates and local employees who work in HK and the employers on issues like redundancy or laid off, resignations, unreasonable or unlawful dismissal, severance payments and long service payments, wage, bonus/ commission disputes, restrictive covenants, termination, maternity leave or other holiday entitlement, and discrimination claims, etc
• Advise on human resources management to reduce the risks of employment disputes and claims
• Handle labour claims and employees' compensation claims
• Defend employer or employee in suspected offences under the Employment Ordinance
• Handle employment/ investment or dependant visa applications for entry to HK

For absence from work: Employer can deduct wages for a sum which is proportionate to the period of time the employee is absent from work.

For damage or loss to employer’s goods or equipment: Employer can, in any one case, deduct a sum equivalent to the value of the damage or loss but not more than HK$300. The total deductions shall not exceed one quarter of the wages payable to the employee in that wage period.

No, such employee is eligible for severance payment but NOT long service payment.

According to the Employment Ordinance, the following items are NOT wages:

1) The value of any accommodation, education, food, fuel, water, light or medical care provided by Employer;

2) Employer’s contribution to any retirement scheme;

3) Commission, attendance allowance or attendance bonus which is of a gratuitous nature or is payable only at the employer’s discretion;

4) Non-recurrent travelling allowance or the value of any travelling concession or travelling allowance for actual expenses incurred by the employment;

5) Any sum payable to the employee to defray special expenses incurred by him by the nature of his employment;

6) End of year payment, or annual bonus which is of a gratuitous nature or is payable only at the employer’s discretion; and

7) Gratuity payable on completion or termination of a contract of employment.

In general, unless a person has the right of abode or right to land in the HKSAR, he/she requires a visa/entry permit to work, study, establish or join in any business, take up residence or to stay in the HKSAR as a visitor longer than the allowed visa free period.

An applicant should meet normal immigration requirements, E.g. holding valid travel document with adequate returnability to country of residence or citizenship; has clear criminal record and raise no security or criminal concerns to HK; no likelihood of becoming a burden on the HKSAR. Each application is determined on its individual merits, and the eligibility criteria may be subject to change from time to time.

For legal advice and services on employment and HK visa application matters, please call +852-2856 3078 or e-mail : cac@ccsn.hk.

• Prepare and advise on pre-nuptial agreement /deed or separation agreement or post-nuptial deed/ agreement
• Advise on and handle uncontested divorce (joint application) and contested divorce proceedings
• Advise on and handle ancillary relief proceedings e.g. spousal maintenance, maintenance pending suit, lump sum payments, apply for court orders regarding property, pensions and matrimonial assets, and prepare settlement agreement for approval of the court
• Advise on and handle enforcement of maintenance court order e.g. judgment summons , income attachment order
• Advise on and handle children custody and children maintenance proceedings and prepare settlement agreement for approval of the court

The parties can agree on how to deal with the distribution of their assets if they have to divorce by way of pre-nuptial agreement. This would be particularly useful for the following circumstances even though pre—nuptial agreement is not strictly enforceable or legally binding in HK:

• if there is disparity of wealth and assets between the two parties that would be problematic to split upon divorce
• if you want to protect inherited assets
• if a party is in great debt or that party is giving up a successful career
• if you prefer to settle any divorce resolution individually rather than leaving it up to the courts.

Yes, if your marriage was validly constituted in the country where the marriage was officiated and either party to the marriage:

(a) Either party to the marriage was domiciled in Hong Kong at the date of the petition or application; or

(b) Either party to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition or application; or

(c) Either party to the marriage had a substantial connection with Hong Kong at the date of the petition or application.

Maintenance pending suit, periodic or secured periodic payments order, lump sum order, property adjustment order or property settlement order.

For legal advice and services on family and divorce matters, please Call + 852-2856 3078 or e-mail : cac@ccsn.hk.

• Take out or defend trade mark infringement and passing off proceedings and advise on legal remedies for trade mark or other IP rights infringement
• Handle and oppose trade mark registrations, and advise on IP rights protection
• Bring or defend trade mark registration invalidation or revocation proceedings
• Negotiate amicable settlement for IP disputes including the use of alternative dispute resolutions e.g. mediation or arbitration
• Handle IP trading to generate revenue from IP rights - Prepare license agreement or deed of assignment for transfer or assignment of trademarks and other IP rights or prepare agreement for sale and acquisition of 3^rd party's IP rights

Trademark is an important business asset. It helps your customers to identify your products and services, and to distinguish them from a competitor's products and services. Trademark could represent the goodwill of your business.

Trademark registration gives you the exclusive right to use your trademark in relation to the goods and services for which your trademark is registered.

If a third party uses your registered trademark in Hong Kong in relation to the same or similar goods or services without your consent, that party may be liable for infringement of your trademark and you may take legal action to protect your rights.

If you do not register your trademark, it is difficult to prove that you are the "owner" of the trademark and your legal right against the infringement act could be limited.

After you have proved that your IP rights have been infringed in HK, you can seek the following remedies from a Hong Kong court :

1. Injunction- a court order to stop the infringer from infringing your IP
2. Seek Damages- a court order to require the infringer to make financial compensation to you for the infringing conduct
3. Account of profits- a court order to require the infringer to pay you the profits it has earned from the infringing conduct.

Alternatively, you may consider using mediation or arbitration to resolve the disputes.

For legal advice and services on intellectual property rights matters, please Call (852-2856 3078) or e-mail : cac@ccsn.hk.

Our probate and estate administration services are tailored to meet your specific family and financial needs. We help identify your objectives and advise on your options, including benefits, disadvantages and cost. We aim to maximize inheritance and minimize the burden, costs and the risks of disputes for your loved ones. We handle both non-contentious and contentious estate cases.

• Review and update your existing will
• Application for grant of probate or letters of representations
• Resealing of foreign grants in Hong Kong
• Prepare Deed of Family Arrangement and Assent
• Prepare and file Caveats into Court
• Non-contentious and Contentious estate case

You can make a will to:

• Appoint your own Executors and Trustees of your estate
• Appoint Guardians for your children
• Make gifts of specific items to loved ones
• Protect vulnerable or young beneficiaries
• Ensure your wishes regarding the distribution of your estate are known.

Trying to make your own will, without legal assistance, can lead to mistakes or lack of clarity and that your will could become invalid. If you have a number of beneficiaries and your finances are complicated, it is even more important that you get a professionally trained solicitor to create your will. This makes your estate administration and distribution process easier for those you have left behind.

If you die without a valid will, you have no say in what happens to your estate. The 'Rules of Intestacy' will divide your estate in a pre-determined way and this may not be to people who you wished to benefit.

For applying for grant of letters of administration, the order of priority of the person entitled to apply for the grant under Rule 21 of the Non-Contentious Probate Rules (Cap.10A) is:

• Spouse
• The child or one of the children of the Deceased
• The father or mother of the Deceased
• The brother or sister of the Deceased

No, application cannot be made overseas. Applicant must act in person or instruct a Hong Kong solicitor to handle the grant application. Rule 4(8) of the Non-Contentious Probate Rules (Cap.10A) states that no legal advice shall be given by the Hong Kong Probate Registry to any applicant acting in person.

For legal advice and services on will, probate, estate administration, please call (852-2856 3078) or e-mail : cac@ccsn.hk.

For legal advice and services on Criminal Litigation matters, please call +852 2856 3078 or e-mail: cac@ccsn.hk.

In Hong Kong, a Notary Public is an officer appointed by the Hong Kong High Court to serve the public by preparing, and providing authentication and execution of documents for use overseas (except Mainland China) under his/her signature and official seal. A Notary Public can obtain apostille of the notarized documents issued by the Hong Kong Court or arrange for legalization of the notarized documents by foreign embassy in Hong Kong.

The signature and official seal of the Notary Public in Hong Kong is widely recognized internationally.

• Ms. Natalia Cheung Kiu Yan, our founding partner and has been in practice since 2008

• Notarization of or witnessing your signature on Power of Attorney, property sale and purchase documents, mortgage documents, contract, insurance claims forms, pension payment document, etc
• Certify true copy of original documents e.g. passport, birth and death certificates, marriage certificate, divorce order, academic qualifications, transcripts and professional qualification certificates
• Authenticate documents and document translations for immigration, studies or work overseas, marriage, adoption, estate administration and succession or law suits abroad, ship’s protest
• Authenticate company and commercial documents for international transactions or setting up business overseas
• Prepare notarial certificate
• Administer oaths and affirmations, take affidavits e.g. affidavit for marital status and for court claims, and taking and receiving and witnessing signature on statutory declarations
• Obtain apostille of documents at the Hong Kong High Court and legalization of documents by foreign embassy in HK
• Other notarization matters upon request in accordance with international practice
• Services can be provided at our law firm, or at your designated place during and outside office hours or during public holidays at additional service charges.

The apostille is a certificate issued by the Registrar of High Court to verify the signature and seal of the notary public, so that the notarised document with the apostille can take effect in countries which have ratified the Hague Convention abolishing the requirement of Consulate for the notarized documents.

Documents to be used in a country which is not party to the Hague Convention will often require Consulate legalization of that foreign country in HK.

Whether a document needs apostille and/or Consulate legalization depends on the requirements of the receiving authority of the documents abroad.

We aim to respond to your notary enquiry or request for quotation and provide the notarization services on the same day.

For apostille, it takes at least two working days.

To enable us to give you our quotation of fees, we will need the following information from you:

(1) Which country is the notarized documents to be used ?

(2) The services you need – whether you need notary public to witnessing signatures or certify copy of original documents, obtain Apostille or legalization or prepare notarial certificate or administer oath and sign affidavit or take and receive your declaration etc

(3) The type of documents concerned

(4) Who is signing or presenting the documents - are they personal papers or for Company?

(5) How many documents are there and how many signature and official seal of the notary public is required ?

Contact our Notary Public

Please Call (852- 2851-3238 / 852-6777-5767) or E-mail: cac@ccsn.hk.

China-Appointed Attesting Officers ("CAAO") are qualified Hong Kong lawyers who have been appointed by the Ministry of Justice of the People's Republic of China to attest documents and certify acts and matters of legal significance occurring in or emanating from Hong Kong for use in Mainland China.

• Ms Cheung Kiu Yan Natalia, in practice since 2008
• Mr. Chan Chi Hung, Albert, has been in practice since 1982

Types of documents related to HK which can be attested by our CAAO for use in Mainland China include:

Company

• Certificate of company particulars (status)
• Certificate of board resolution
• Letter of Certification for Hong Kong companies
• Property transaction documents e.g. mortgage and charge
• CEPA Certificate
• Documents used for commercial activities

Personal

• Statement of marital relationship (marriage) or HK birth certificate
• Declaration for estate succession or renunciation of rights over assets in Mainland China
• Declaration for child adoption
• Declaration for the application for immigration or visits to Hong Kong for the family members of Hong Kong residents
• Statement of financial conditions guarantee for studying abroad
• Power of attorney
• Deed of gift
• Property transaction documents e.g. mortgage or charge

Our CAAO will arrange submission of the attested documents to "China Legal Services (H.K.) Limited”for "Sealing and Transfer Delivery" so that the attested documents could be legally valid and protected by PRC laws.

For China Appointed Attesting Officers (CAAO) Services, please call (+ 852-2851-3238 / + 852-2867 3078 ) or email : cac@ccsn.hk.