Not known Facts About company secretary hong kong requirements



L.N. 163 of 2013 03/03/2014 (1) If it appears to your Registrar that the knowledge contained in the doc registered via the Registrar in respect of the company is inconsistent with other data regarding the company on the businesses Register, the Registrar may possibly give discover for the company— (a) stating in what respect the information contained while in the document seems to generally be inconsistent with other information on the Companies Sign-up; and (b) necessitating the company to acquire steps to solve the inconsistency. (2) For the applications of subsection (one)(b), the Registrar may need the company to deliver on the Registrar in the time period laid out in the recognize— (a) info required to take care of the inconsistency; or (b) proof that proceedings are already commenced because of the company inside the Courtroom for the purpose of resolving the inconsistency and which the proceedings are increasingly being conducted diligently.

(4) Just before publishing a discover beneath this part, the company must— (a) supply a replica from the detect to the acknowledged exchange company that operates the stock current market on which the shares worried are detailed; and (b) get hold of a certificate from a certified officer of that exchange company which the copy is remaining exhibited in accordance with subsection (five). (five) A acknowledged exchange company have to show a replica of the detect acquired under subsection (4)(a) within a conspicuous spot on the premises on which the stock sector operates or make the see out there on its official Web page to get a period of a minimum of— (a) one month, for a recognize that isn't required to be revealed beneath subsection (two)(b); or (b) 3 months, for any notice that is needed to be posted beneath subsection (2)(b). (six) With the applications of subsection (5), a failure to make a copy of the recognize readily available on an exchange company’s official Web page in the course of a time period outlined in that subsection is usually to be disregarded if— (a) the recognize is made out there on the website for A part of that period of time; and (b) the failure is wholly attributable to instances that it wouldn't be acceptable to get predicted that exchange company to circumvent or steer clear of. (7) If the appliance was produced by an eligible individual who isn't the registered holder from the shares and does not have the registered holder’s consent to create the application, the outlined company— (a) should provide a duplicate on the see less than this section about the registered holder by sending it by registered publish to the registered holder’s previous handle showing inside the sign up of members of the company; and (b) should not publish the detect below this portion until finally a minimum of 3 months after the day on which the copy was served. (eight) On this segment—

Remarks: Not still in Procedure (1) The Court docket may possibly make an order with the disclosure because of the Registrar of the withheld deal with— (a) if— (i) You can find proof that the service of paperwork at an handle contained within an software below portion

(1) An existing company need not comply with any provision of this Ordinance requiring the company’s register of company secretaries to consist of particulars further to These expected through the predecessor Ordinance right up until— (a) the date to which the company tends to make up its first yearly return built as many as a date on or following the commencement date* of section 650; or (b) When the company fails to take action, the final day to which the company should have made up that return. (2) Except if the prevailing company is actually a company formed and registered underneath a provision of your predecessor Ordinance getting a continuing impact below this Plan or by advantage of part 23 with the Interpretation and Common Clauses Ordinance (Cap one), subsection (one) doesn't use in relation to some company secretary of whom particulars are first registered on or after the commencement date* of segment 650 (if the company secretary was appointed just before, on or after that day).

Each restricted company situated in Hong Kong needs to have a company secretary. Sole Proprietorships don't require a secretary, even so, using this company framework is proscribed because the owner is responsible for all debts and unlimited liabilities.

Note— Paragraph (b) with the proviso to part fifty seven on the predecessor Ordinance calls for the sanction on the court to become received ahead of the payment is manufactured. 34. Relief from share capital requirements

, as thing to consider available for sale of house of company); (g) everything carried out beneath an arrangement built in between a company and its creditors which is binding over the creditors as a result of area 254 of the businesses (Winding Up and Miscellaneous Provisions) Ordinance

Handling administrative mails (if you use their Registered Office – Be aware it is recommended to take action as your Company Secretary will usually update you and tell you how to proceed with this sort of mails).

(2) Any amount that would be necessary by a continuing provision to be transferred into a company’s share top quality account or capital redemption reserve on or once the commencement date* of portion a hundred thirty five gets to be Element of the company’s share capital. 38. Use of quantity standing to credit history of share top quality account

To navigate the complexities of registration, lots of business people enlist Expert services that could assist with:

For anyone who is a small company proprietor in Hong Kong looking for a trustworthy and successful accounting solution, glance no even more. We have carried out the groundwork and compiled an index of the top eight accounting software selections for small companies in Hong Kong, comprehensive with features, pricing, and user reviews.

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(seven) If a body corporate is actually a member of a holding company of your body corporate, subsection (one) does not reduce the human body corporate from accepting or holding additional shares from the holding company if those shares are allotted to your body corporate as totally paid out up as being a consequence of the capitalization of reserves or earnings because of the Keeping company. (8) If a company will make a proposal of shares to its members, the company— (a) may perhaps sell, on behalf of any of its subsidiaries, any these types of shares which the subsidiary could, but for this part, have taken by virtue of shares inside the company that happen to be previously held by the subsidiary; and (b) may well spend into the subsidiary the proceeds on the sale. (nine) Despite the fact that a body corporate can be a member of the Keeping company of the human body corporate, it has no correct to vote at — (a) meetings on the holding company; or (b) conferences of any class of associates on the Keeping company. (ten) Subsection (nine) would not apply if the body corporate is such a member during the circumstances described in subsection (two). (eleven) With this part, a reference to your human body corporate includes a nominee for the body corporate. (12) In this section, a reference to shares, in relation to a holding company that is a company restricted by assurance or a limiteless company, contains the fascination with the company’s users, Regardless of the sort of the desire and whether the company includes a share capital. Segment: 114 Notifying Registrar of boost in range of users of company constrained by promise

Section 351B in the predecessor Ordinance, as in pressure immediately right before its repeal, carries on to apply in relation to an application built before the commencement day* of portion 897 with the reasons of that part.

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