Power Of Attorney / Notarization

I am in Taichung city and I want to give my mom power of attorney in Toronto, Canada. I spoke with the Canadian Trade Office in Taipei but all they can do is certify my signature. I assume this to be a form of notarizing. I have been able to find some web pages with do-it-yourself power of attorney kits. My problem is if I get a legal document notarized in Taiwan will it be legally binding in Toronto?

Thanks for any help this is really important and I need any advice you can give me.

stare

[quote=“stare”]I am in Taichung (Taizhong) city and I want to give my mom power of attorney in Toronto, Canada. I spoke with the Canadian Trade Office in Taipei but all they can do is certify my signature. I assume this to be a form of notarizing. I have been able to find some web pages with do-it-yourself power of attorney kits. My problem is if I get a legal document notarized in Taiwan will it be legally binding in Toronto?

Thanks for any help this is really important and I need any advice you can give me.

stare[/quote]

I would assume yes, as it is the Canadian Trade Office doing it. I had a will, power of attorney, and a trust fund notarized at AIT.

[quote=“stare”]I am in Taichung (Taizhong) city and I want to give my mom power of attorney in Toronto, Canada. I spoke with the Canadian Trade Office in Taipei but all they can do is certify my signature. I assume this to be a form of notarizing. I have been able to find some web pages with do-it-yourself power of attorney kits. My problem is if I get a legal document notarized in Taiwan will it be legally binding in Toronto?

Thanks for any help this is really important and I need any advice you can give me.

stare[/quote]

You need to be aware of the following:

Even if the CTO certification/notarization makes your POA legal, it may or may not be accepted by the entity that your mother will be dealing with. For instance, I drew up a specific POA granting my father authority to handle certain accounts of mine in the US several years ago. Unfortunately, the institution with which my father needed to deal with would not accept my perfectly valid POA.

To answer your question, I see no reason that your POA would not be legally effective. However, please note the above and that you may need to use a form POA provided by the institution your mother will be dealing with on your behalf.

Stare:

You can download a POA kit free from the Ontario AG’s dept. The link is:

attorneygeneral.jus.gov.on.c … poakit.asp

You should be very careful when filling-in details on the POA doc especially with dates, scope of authorization, names, what are the things you want the attorney to do.

Some POAs get turned-down by government agencies because the vital details (names, ID no., dates, address, spelling) are wrong; or the contents are too vague/ambiguous.

Fill-in the details but do not sign it; you should only sign the POA in front of the CTO officer (after he has confirmed your identity and able to attest your signature). You should also confirm with the Canadian agency and CTO about how many sets of POA should be prepared.

Thanks for all your help. As for what I need done it’s this, I need my mom to transfer her house into my name. Let’s just say she can’t go to the bank and sign the house over to me, she has to sell it to me. That is why I need the power of attorney. This will allow her to buy the house on my behalf. I know it sounds a little confusing but it’s just the way it has to go.

I spoke to my dad and he said that if I do this I could get it notarized here in Taiwan, by any notary and it should be legally binding. He also mentioned that it would be wise to go to the CTO and have them certify that it is my signature on the document thus allowing it to be fully legal in Canada.

Oh and by the way thanks to CXexpress for the link to the free POA kit it seems to be all I need. Now it is just a matter of getting it to be legally binding in Canada.

Thank you very much I really can’t state how much I appreciate your help. Any more help you can give me I would really look forward to.

stare

Stare:

A note about Notary Public, in Taiwan - unlike Commonwealth countries - there is no Notary Public/Justice of Peace system for witnessing/attesting signatures. Given this absence, this is done by attorneys-at-law or by a court official at the High Court in Hsindien.

If you choose to do so at Hsindien High Court, the court also requires that you - in addition to the English POA - submit for their reference/record an officially translated Chinese version (i.e., translated by an accredited translator). This will incur additional costs, inconvenience and time on your part.

To save costs and time, I recommend that you do so at the CTO. CTO officials are authorized under Canadian law to witness/notarize/attest signatures because they are the de facto representatives of the Canadian govt in Taiwan. So long as you strictly follow the CTO and POA kit’s instructions and make sure that all details are correct, there is no reason for the Canadian bank/authorities to turn-down a properly executed POA.

I don’t think this is completely accurate. We have signatures witnessed/attested at Taiwan notaries frequently.

This is all correct. But, for everyone’s information, there are also notaries that have been authorized by the court to provide notarial services around town. The one that I have used is located conveniently (for Taipei residents) at 169 Shihda Road. That is accross Roosevelt Rd going away from Shih Da (near one of the Tai Dian Building MRT Station exits.

I think this is sound advice.

I currently live in Taichung. Do any of you guys know where there might be a notary in the Taichung area? Also if I have a document notarized here by an ordinary notary, without going to the CTO will it be legally binding back home. Is going to the CTO an absolute must? I fear it will be.

Thanks again
stare

[quote=“stare”]Thanks for all your help. As for what I need done it’s this, I need my mom to transfer her house into my name. Let’s just say she can’t go to the bank and sign the house over to me, she has to sell it to me. That is why I need the power of attorney. This will allow her to buy the house on my behalf. I know it sounds a little confusing but it’s just the way it has to go.

stare[/quote]

There is something called a “Quick Deed”. I’m not sure how it works but it might be useful.

[quote=“stare”]I currently live in Taichung (Taizhong). Do any of you guys know where there might be a notary in the Taichung (Taizhong) area? Also if I have a document notarized here by an ordinary notary, without going to the CTO will it be legally binding back home. Is going to the CTO an absolute must? I fear it will be.

Thanks again
stare[/quote]
I would definitely play it safe and go to the CTO. You’ve got to remember that your father or whoever has POA for your affairs will be taking this document around to different institutions. With an ROC stamp (is it only in Chinese?), some may accept it and some may not. Better to get it notarized by a notary who you know will be accepted in Canada. The only sure bet for that is the CTO.

The CTO is not an embassy and has no official power to notarize a document. You must use the local system. This problem covers all the quasi-embassies. You should have been born in Belize or the Solomon Islands and then you’d be fine.

That is not true. AIT provides notarial services (for an exorbitant fee). AIT is empowered by the Taiwan Relations Act to notarize documents/signatures (for US citizens and or documents to be used in the US or with US entities). I think it well worth the effort to ascertain whether or not the Canadian Trade Office does the same.

I know for a fact that some trade offices of other countries do legalization and authentication of documents, so I would definitely inquire at the Canadian Trade Office re this issue.

[quote=“The Magnificent Tigerman”]

I know for a fact that some trade offices of other countries do legalization and authentication of documents, so I would definitely inquire at the Canadian Trade Office re this issue.[/quote]

Sorry I assumed a phone call to CTO would be the obvious thing to do.

If they do so they are technically breaching their role here.

I’m sure that the USA can pass an act of domestic law that recognizes witnessing of documents in the office here for recognition in the USA but surely that means that the office here is an “Embassy” with plenitpotentiary powers? International law makes quite razor edge decisions on niceties such as this. I do know that some quasi-embassies will not and can not do notarizing stuff.

Gosh all that after not studying any International Law at all. Call now for more innacurate legal advice…

AIT is NOT an embassy. Nor is it even a consulate.

Taiwan’s TECRO offices all over the world, mostly in nations with which Taiwan hasn’t any diplomatic relations (such as the US), notarizes and legalizes/authenticates documents all the time.

International law has little to do with what any nation will decide it can or cannot or will or will not do.

:unamused: :s

The Bane wrote:

Well, no actually. What you are thinking of is a ‘quit claim deed.’ It does basically what the name implies.

By the way, I have to get something notorized and I am absolutely sure that the last time I went to AIT to try that they said they do not do that, only attest or something less than a notorization. Has it changed?

Do you mean that you need to have your signature on a document notarized? Or, do you need to have a document legalized/authenticated?

Generally, a notary public (including AIT notaries) may notarize a signature on a document. In this regard, a notary’s primary responsibility is to take necessary steps to verify a signer’s identity before notarizing that person’s signature. A notary public may notarize a signature where the notary has satisfactory evidence that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument. One way to verify a signer’s identity is through an identification card or papers that verify the signer’s identity. The notary should examine the photograph, accurate physical description, and signature of the bearer.

AIT can and does notarize signatures.

However, once in a while you will encounter a notary who does not understand his/her job duties, and will inform you that he/she cannot notarize your signature because he/she does not know whether the content of the document you are signing is true or false.

This drives me nuts. If you are only requesting notarization of your signature, the notary is then not responsible for the content of the document being signed and the content is not any of the notary’s business and or concern.

However, at least one of the notaries at AIT does not understand this, and she will likely require that you complete and sign an Affidavit regarding the accuracy of the content of the document that you wish to sign. Never mind that such an Affidavit cannot guarantee the truth or accuracy of the content of the document you wish to sign…

In this case, ask to see the supervisor as he will usually agree to notarize your signature without the Affidavit.

Tigerman wrote:

Yes. I need to be a co-signer to a bank account.
I would have bet money that AIT doesn’t notorize but I apparently am wrong.
By the way II, I was a notory public once myself. Whattabout them apples? :rainbow:

Hi,
I needed a notary public a few months ago so my brother could handle the will side of things after my father died.
I used the services of Rita Chen…
The info below doesnt say, but she IS a notary public and I used her sevices to sign and witness documents that I had to send back to NZ. I think it cost $500NT. She quoted me this amount on the phone, but then she charged me an additional $250NT because she had to notarize 2 copies! Really, she should have known that not just one copy is done…so typical Taiwan, charge more when you get there! Anyway, she got the job done!
Sorry if its a bit late, but maybe this info might help someone else in the future.

Rita Chen Member
Firm Profile: Lu Chen & Wang Law Office
5F-1, 8 TZU YU Road, Sec 2
Taichung ROC. 400, Taiwan
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Telephone: +886 4 2223 3763

Fax: +886 4 2225 8001

Practice Areas: Intellectual Property; Unfair Trade; Unfair Competition; International Trade; Corporate Law; Litigation; Matrimonial Law

Admitted: 1991, Taiwan

Education: National Taiwan University Law School (LL.B., 1989); George Washington University, National Law Center, US (LL.M., 1994)

Member: Taipei and Taichung Bar Associations; Asia Patent Agent Association.

Languages: Chinese and English

Born: Taichung, Taiwan, January 22, 1966

The signing process will be done in the presence of a notary public or commissioner of oath and the identity of the testator must be proven (photo identification must be provided). If so duly notarized, the will becomes Self Proving during probate.

For whoever need a notarization…
a notary public office in the very center of Taipei city (right next to AIT)
that could get you (English/Chinese)documents and notarized… even help to find a translator(if document translation needed)
notary001.0fees.net/