Everything about hong kong company secretary checklist (2nd edition)

(1) With the needs of this Ordinance, an undertaking can be a guardian endeavor of An additional endeavor if— (a) exactly where both equally undertakings are bodies corporate, This is a Keeping company of that other enterprise; or (b) in almost every other scenario— (i) it holds a the greater part of the voting rights in that other endeavor; (ii) It's really a member of that other endeavor and has the appropriate to appoint or take away a vast majority of that other undertaking’s board of administrators; or (iii) This is a member of that other enterprise and controls by yourself, pursuant to an settlement with other shareholders or members, a bulk with the voting rights in that other undertaking.

two. To your extent needed for an idea of the development, general performance or position in the company’s enterprise, a business evaluate will have to involve— (a) an analysis using economical vital functionality indicators; (b) a dialogue on— (i) the company’s environmental policies and functionality; and (ii) the company’s compliance Using the relevant rules and laws which have a major influence on the company; and

(three) Despite subsection (2)— (a) a specified company may perhaps enter into the transaction with just the prescribed approval of its associates Should the holding company is incorporated outdoors Hong Kong; and (b) a specified company might enter to the transaction with only the prescribed approval with the holding company’s customers whether it is an entirely owned subsidiary of your holding company, and also the Keeping company is incorporated in Hong Kong.

To use a corporate secretary is a compulsory criterion recognized by the Companies Ordinance for any business enterprise Company in Hong Kong. Consequently, you don't have any choice but to select a corporate secretary if you need to produce a Hong Kong company. 

It is required for all Hong Kong organizations to have a nearby Company Secretary. This personal is to blame for liaising with authorities regulatory bodies when needed and if you'll find any changes in the company construction. Find out more about our Corporate Secretary services.

(4) When the duplicate or memorandum is stored at a spot in addition to the company’s registered office, the company will have to notify the Registrar of the location, or any change inside the place, at which the duplicate or memorandum is retained. The notice have to be in the desired variety and delivered to the Registrar for registration inside of 15 times after the copy or memorandum is very first saved at that put or within just 15 days once the change (as the case can be). (5) If a company contravenes subsection (2) or (three), the company, and every accountable individual on the company, dedicate an offence, and each is liable to the great at stage 3. (six) If a company contravenes subsection (4), the company, and every dependable man or woman of the company, commit an offence, and each is liable to your high-quality at level three and, in the case of the continuing offence, to an additional good of $three hundred for every single day all through which the offence continues.

L.N. 163 of 2013 03/03/2014 (one) Without the prescribed acceptance of its customers, a company should not come up with a payment for lack of Place of work to some director or previous director with the company. (two) With no prescribed acceptance of its members and also the prescribed approval on the Keeping company’s associates, a company should not come up with a payment for loss of Workplace to a director or previous director of the holding company in the company. (three) Irrespective of subsection (2)— (a) a company may possibly enter into your transaction with just the prescribed acceptance of its members If your holding company is incorporated outside Hong Kong; and (b) a company could enter in to the transaction with just the prescribed approval of your Keeping company’s users if it is a wholly owned subsidiary from the Keeping company, plus the holding company is incorporated in Hong Kong.

Managing administrative mails (if you utilize their Registered Business – note it is usually recommended to take action as your Company Secretary will often update you and tell you how to proceed with this kind of mails).

用戶可查閱備存在公司登記冊內的註冊公司現況資料及已登記文件的影像紀錄。

Segment: 784 Appeal from selection to serve notice L.N. 163 of 2013 03/03/2014 Within three months following being served with a see beneath portion 780(1)(b) company formation in dubai for a corporate name or for an authorised name in relation to a corporate title, a registered non-Hong Kong company might attract the Administrative Appeals Board from the decision to provide the recognize. Portion: 785 Change of accepted title L.N. 163 of 2013 03/03/2014 (one) A registered non-Hong Kong company might implement, in crafting, on the Registrar for change of the authorised identify, in relation to some corporate title, under which the company is to carry on business enterprise in Hong Kong. (two) An software must be shipped to the Registrar. (three) On receiving an application for change of an accepted title, the Registrar have to approve The brand new identify unless happy which the new identify— (a) is the same as or is just too like— (i) a name that appears, or should have appeared, inside the Index of Company Names; or (ii) the name of a physique corporate incorporated or set up below an Ordinance; or (b) offers so misleading an indication of the nature on the registered non-Hong Kong company’s pursuits in Hong Kong as being very likely to lead to hurt to the general public. (4) If your Registrar approves a completely new title, the registered non-Hong Kong company could supply for the Registrar for registration a return, in the specified variety, specifying the new name so authorized. (five) On getting a return, the Registrar will have to, Except if content that the new title laid out in it can be the same as a reputation that seems, or must have appeared, inside the Index of Company Names— (a) enter The brand new title in the businesses Register as the title, in relation to the corporate title, underneath which the registered non-Hong Kong company is to hold on enterprise in Hong Kong; (b) create a Observe in the businesses Sign up for the influence that there is a change of authorised identify;

Portion: 455 Nomination of reserve director of private company L.N. 163 of 2013 03/03/2014 (1) If A personal company has only one member and that member is the only real director from the company, the company may well by a resolution handed at a normal meeting, Inspite of everything in its content articles, nominate somebody (in addition to a human body corporate) who may have attained the age of eighteen years being a reserve director of your company to act inside the area of the only director inside the function of the only real director’s death. (two) The nomination of an individual being a reserve director of A personal company ceases to possess influence if— (a) ahead of the death of your director in regard of whom the individual was nominated— (i) the individual resigns as reserve director in accordance with portion 464; or (ii) the company in a general meeting revokes the nomination; or (b) the director in regard of whom the individual was nominated ceases to become the sole member and sole director of the company for just about any purpose apart from the death of that director.

We guarantee all company secretary requirements Hong Kong are achieved and our skilled secretaries are sure to execute your corporate requirements about the behalf of your respective company. We've an extensive practical experience assisting start off-up corporations with company secretarial services.

A Hong Kong company secretary is in charge of planning the company’s meetings. They attend and get involved in board of administrators and shareholders’ conferences. They put together a meeting agenda together with file meeting minutes.

Sections 290C and 290D of the predecessor Ordinance, as in power instantly ahead of their repeal, go on to apply in relation to some disclaimer of the Government’s title to any property or correct (apart from immovable home) vested in the Government before the commencement day* of Division three of Portion 15 below segment 292 from the predecessor Ordinance. 129. Striking off