Selling an apartment that I co-own

[Doraemon1996]

Dear all, I co-own property an apartment in HK with my family member who is working there and we plan to sell it in a year. She lives there while I live in Canada. For health reasons I cannot endure long flights. I understand that my signature will be necesssary on the agreement even though my family member will take care of all other things. I also understand that I normally would have to sign it in the presence of Hk solicitors.

How should i proceed? Will notarizing my signature do the trick? I suspect it won't be that simple will it?

[PLamHK]

I am not a lawyer, but my guess is that the easiest way would be to give the family member a limited Power of Attorney over your affairs in Hong Kong. I don't see any reason in principle why you couldn't sign such a document in Canada (probably in the presence of a notary) and mail it over to Hong Kong.

[Doraemon1996]

Will i be able to arrange the power of attorney here in canada? I am rather confused because if i will be able to sign and notarize the document than why would the power of attorney be necessary? Thanks regardless.

[PLamHK]

There is normally more than one document to sign in the process, so a limited Power of Attorney just reduces the number of things that need to be sent backwards and forwards internationally.

[Doraemon1996]

I am just worried rhat my physical presence will become a must in the end. Yet i suspect that not being physically present is very common.

[PLamHK]

For the definitive answer your family member here should check with the solicitor that they intend to use for the sale.

[bobly]

ive seen it done before where you sign the sales contracts using a CAN solicitor with notarisation.

that said, POA may be easier if you're comfortable and trust the co-owner.

[Doraemon1996]

Thanks.
What documents do i need for doing a power of attorney? Will my passport suffice? If I am currently in canada as a permanent resident, will my passport and my PR card be sufficient?

[shri]

Would be a good idea to have your HK attorney determine the contents of your PoA. I suspect you will need your HK ID verified as a part of your ID package to ensure it lines up with what is on record in HK.

Find a HK attorney who ideally has a Canadian partner law firm or branch.

[bobly]

alternatively, if you know a CAN solicitor, have him draft a POA, include your HKID (usually that's enough), then share it to the HK solicitor for comments. it's pretty standard stuff so it shouldn' be difficult.

what province/city?