Declaration Deed for Hong Kong

Declaration Deed Template for Hong Kong

A Declaration Deed is a formal legal document used in Hong Kong to make a binding written statement of fact or intention, executed as a deed to provide a higher degree of formality and enforceability than a simple declaration. This document must comply with Hong Kong's Conveyancing and Property Ordinance (Cap. 219) and related legislation regarding deed execution. It requires proper witnessing and may need to be stamped depending on its nature. The document is commonly used in various contexts including property matters, corporate affairs, and personal declarations where formal proof or commitment is required.

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What is a Declaration Deed?

A Declaration Deed is a specialized legal instrument used in Hong Kong when individuals or entities need to make formal, binding declarations with a high degree of legal certainty. This document type is particularly relevant when simple contracts or statements are insufficient, and the enhanced enforceability of a deed is required. The Declaration Deed must be executed in accordance with Hong Kong's strict deed requirements, including proper witnessing and potential stamping obligations. It's commonly used in situations such as confirming ownership rights, declaring trust arrangements, making statutory declarations, or providing formal undertakings. The document typically includes detailed recitals explaining the context, clear declaration statements, and must meet specific execution formalities under Hong Kong law, including requirements for signing, sealing (where applicable), and witnessing.

What sections should be included in a Declaration Deed?

1. Date and Parties: The date of the deed and full details of the declarant(s) including name, address, and identification details

2. Recitals: Background information explaining the context and purpose of the declaration

3. Definitions and Interpretation: Definitions of key terms used in the deed and rules for interpreting the document

4. Declaration: The main declaration(s) being made, stated clearly and unequivocally

5. Confirmatory Statements: Additional statements confirming the truth and accuracy of the declarations

6. Governing Law: Specification that Hong Kong law governs the deed

7. Execution Block: Space for signing, with specific formatting for deed execution including seal requirements and witness provisions

What sections are optional to include in a Declaration Deed?

1. Further Assurance: Commitment to take any additional actions necessary to give effect to the declaration - include when future actions might be needed

2. Successors and Assigns: Clause binding successors and assigns - include when the declaration affects future rights or obligations

3. Severability: Provision for severing invalid clauses - include in complex declarations with multiple components

4. Notices: Details of how notices should be served - include when ongoing communications may be necessary

5. Third Party Rights: Statement regarding third party rights under the Contracts (Rights of Third Parties) Ordinance - include when third party rights are relevant

6. Counterparts: Provision for execution in counterparts - include when multiple parties need to sign separately

What schedules should be included in a Declaration Deed?

1. Schedule 1 - Supporting Documents: List and copies of documents referenced in or supporting the declaration

2. Schedule 2 - Property Details: Detailed description of any property referenced in the declaration (if applicable)

3. Schedule 3 - Related Agreements: Details of any related agreements or documents referenced in the declaration

4. Appendix A - Evidence: Supporting evidence for the declarations made (if applicable)

5. Appendix B - Plans/Drawings: Any relevant plans or drawings referenced in the declaration (if property-related)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Legal Services

Real Estate

Financial Services

Banking

Insurance

Construction

Manufacturing

Professional Services

Healthcare

Education

Charitable Organizations

Government and Public Sector

Relevant Teams

Legal

Compliance

Corporate Secretarial

Risk Management

Corporate Governance

Property Management

Trust Administration

Document Control

Records Management

Administrative Services

Relevant Roles

Legal Counsel

Company Secretary

Compliance Officer

Property Manager

Trust Officer

Corporate Director

Risk Manager

Legal Administrator

Paralegal

Notary Public

Commissioner for Oaths

Corporate Governance Officer

Real Estate Manager

Banking Officer

Insurance Underwriter

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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