hong kong company secretary's practice manual Fundamentals Explained



(five) If a registered non-Hong Kong company, or an officer or agent of a registered non-Hong Kong company, fails to comply with an order under subsection (4), the company, or perhaps the officer or agent, commits an offence and is liable to some fantastic at level five and, in the case of the continuing offence, to an additional wonderful of $a thousand for day after day all through which the offence continues. (six) In this particular part, a reference to the certified copy of any accounts is, In case the accounts are certainly not in English or Chinese, a reference to the Licensed translation from the accounts in English or Chinese. Part: 790 Administrators may perhaps revise accounts not complying with certain prerequisite

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(three) In spite of subsection (2)— (a) a specified company may perhaps enter to the transaction with only the prescribed acceptance of its users In the event the Keeping company is incorporated outside Hong Kong; and (b) a specified company may well enter to the transaction with only the prescribed acceptance of the Keeping company’s associates if it is a completely owned subsidiary of the Keeping company, as well as Keeping company is incorporated in Hong Kong.

Solitary ownership: On this business, the operator with the company controls many of the issues and he bears all of the threats himself.

(five) In Division six, a reference to your charged residence of the registered non-Hong Kong company can be a reference to— (a) the property in Hong Kong on the company and matter to the demand designed through the company, besides property which was not in Hong Kong once the demand was designed; or (b) the residence in Hong Kong of the company and subject matter to the demand that subsisted when the home was

Cap 622 - Organizations Ordinance 214 and specified the intention to propose the resolution to be a special resolution; and (b) When the see with the Assembly so specified, the resolution may perhaps only be handed being a Specific resolution. (5) A reference to an extraordinary resolution of the company or of a gathering of any class of associates of the company — (a) contained in any Ordinance which was enacted or doc that existed right before 31 August 1984; and (b) considered, in relation to some resolution passed or to be handed on or after that date, for being a Specific resolution from the company or Conference below portion 116(five) of your predecessor Ordinance, carries on to get considered for being such a Particular resolution in the company or meeting.

(1) In this Element, a copy of an instrument in relation to a cost shipped for registration is really a certified duplicate whether it is certified as a real duplicate—

Cap 622 - Providers Ordinance 160 (i) was charged Along with the responsibility of ensuring that subsection (1) was complied with; and (ii) was able to discharge that obligation; and (b) It's not necessarily a defence to determine the monetary statements or report wasn't the truth is ready as necessary by this Ordinance. Part: 430 Company ought to mail copies of monetary statements and so forth. to customers prior to common Conference

L.N. 163 of 2013 03/03/2014 (1) If, any time a administrators’ report ready by the directors of the company is accepted in accordance with portion 391, a permitted indemnity provision (no matter whether produced by the company or normally) is in drive for the good thing about one or more directors in the company, the report ought to point out the provision is in drive. (2) If, Anytime in the economical calendar year to which a administrators’ report ready by the administrators of a company relates, a permitted indemnity provision (whether created by the company or usually) was in force for the advantage of one or more people who had been then administrators of your company, the report should point out which the provision was in drive. (three) If, each time a administrators’ report geared up by the directors of a company is authorized in accordance with segment 391, a permitted indemnity provision made by the company is in drive for the advantage of a number of directors of the linked company in the company, the report have to state the provision is in pressure.

Section: 784 Attractiveness from determination to serve see L.N. 163 of 2013 03/03/2014 Within just three weeks soon after currently being served using a notice underneath segment 780(1)(b) for any corporate identify or for an authorised identify in relation into a corporate title, a registered non-Hong Kong company may perhaps attract the executive Appeals Board against the choice to provide the detect. Area: 785 Change of accepted identify L.N. 163 of 2013 03/03/2014 (1) A registered non-Hong Kong company may possibly use, in crafting, on the Registrar for change of the accredited title, in relation to a corporate title, less than which the company is to hold on company in Hong Kong. (two) An application have to be sent to the Registrar. (three) On obtaining an application for change of the authorized identify, the Registrar ought to approve The brand new title Except if contented which the new identify— (a) is similar to 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 proven beneath an Ordinance; or (b) provides so deceptive a sign of the character on the registered non-Hong Kong company’s functions in Hong Kong as to generally be very likely to bring about harm to the general public. (four) If your Registrar approves a completely new identify, the registered non-Hong Kong company may perhaps provide towards the Registrar for registration a return, in the desired type, specifying the new identify so accepted. (five) On getting a return, the Registrar have to, Until glad the new name laid out in it truly is the same as a name that appears, or should have appeared, within the Index of Company Names— (a) enter The brand new name in the Companies Sign up as being the name, in relation towards the corporate name, below which the registered non-Hong Kong company is to hold on organization in Hong Kong; (b) make a Be aware in the Companies Sign up to the influence that there's a change of authorized title;

(four) The enterprise that may be addressed within the Conference includes a resolution of which notice has actually been included in the discover of Conference in accordance with subsection (3). (five) If your resolution should be to be proposed being a Particular resolution, the administrators are to company formation singapore get regarded as not possessing duly known as the Conference unless the recognize of your meeting involves the text of the resolution and specifies the intention to suggest the resolution being a Specific resolution. Segment: 568 Members’ electric power to simply call typical Assembly at company’s expense

We guarantee all company secretary requirements Hong Kong are achieved and our pro secretaries are guaranteed to execute your corporate requirements on the behalf of your respective company. We now have an in depth encounter helping get started-up companies with company secretarial services.

First of all, Remember that a company secretary ought to really know what They are really undertaking – you shouldn’t just appoint any random to go ahead and take occupation!

Cap 622 - Companies Ordinance 182 Part: 488 Director or previous director linked to body corporate L.N. 163 of 2013 03/03/2014 (one) For the applications of this Portion, a director or previous director is related to a system corporate if— (a) the director or former director, or any one or more with the entities specified in subsection (3), or maybe the director or former director together with any one or more of Those people specified entities, are entitled to exercising, or Handle the work out of, greater than 30% in the voting ability at any common Assembly of that overall body corporate; or (b) the directors, or perhaps a the greater part of the administrators, of that physique corporate are accustomed to act in accordance Together with the Instructions or Recommendations of— (i) the director or previous director; or (ii) an entity related Using the director or former director. (2) Within this area, a reference to voting electricity the work out of which is managed by a director or previous director, or by an entity laid out in subsection (3), involves voting electric power the work out of which happens to be managed by A different overall body corporate In case the director or previous director, or any a number of of the desired entities, or perhaps the director or former director together with any a number of of the desired entities, are entitled to exercising, or Regulate the work out of, in excess of 50% in the voting electrical power at any common meeting of that other physique corporate.

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