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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I would like to confirm that we can sign the Sales Purchase

Resolved Question:

I would like to confirm that we can sign the Sales Purchase Agreement in Hong Kong outside the bank and outside lawyer's office if we don't need to notarized the signature. And this procedure is not violate HKMA rules.
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please allow me to assist you with your concerns.

Please be aware that we at this time do not have Hong Kong licensed professionals who answer questions on your behalf. I can research this question for you and find the answer but I am US based professional and not a Hong Kong specialist. Would that suffice?
Customer: replied 9 months ago.


Yes

Expert:  Dimitry K., Esq. replied 9 months ago.

Shiya,

Thank you for your follow-up. Based on my research I do not see anything specific within HKMA laws that request that the agreement must be signed at the bank or at an attorney's office. But if the agreement is to be notarized, which is not your situation, then it must be signed in front of the notary wherever they are located. There is no requirement this document or agreement that you are referring to must be signed at the bank.

Good luck!

Customer: replied 9 months ago.


One more question, is it ok for Seller to ask for soft Proof such as Bank Balance sheet to show how much money they have at the bank.Seller do not ask for anything electronically nor asking to check with buyer's bank, just ask for a piece of paer showing the money in the bank. Seller has gone through tens of buyers that can not perform and ask for this rule but the buyer's rep keep using HKMS rules against us.


Please tell me what do you think.

Expert:  Dimitry K., Esq. replied 9 months ago.

Shiya,

There is nothing against the rules or the law in having the seller request 'assurances' from the buyer that he can perform the agreement. But if that condition is not part of the contract, the buyer has no legal obligation to comply. In other words if the seller makes this a written condition of the agreement the buyer would have to agree to terms but if it is not in writing the buyer does not have to grant such assurances to the seller.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35631
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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