5 Simple Statements About hong kong company secretary checklist (2nd edition) Explained
5 Simple Statements About hong kong company secretary checklist (2nd edition) Explained
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In the event the Shareholder along with the Director is the same particular person or the same company,then a 3rd party (unique or company) ought to be appointed as company secretary.
(2) The Registrar could do the act, or trigger the act to become performed, given that the company’s or maybe the liquidator’s or provisional liquidator’s representative. (three) The Registrar may possibly execute or signal any appropriate instrument or doc, including a memorandum stating which the Registrar has carried out so given that the company’s or perhaps the liquidator’s or provisional liquidator’s consultant. (four) An instrument or document executed or signed via the Registrar below subsection (3) has the same effect as When the company, if nonetheless current, experienced executed the instrument or document. Section: 758 Previous director need to maintain dissolved company’s publications and papers for 6 many years
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Cap 622 - Organizations Ordinance 290 (ii) a new Chinese title that is made of the Chinese characters “公司註冊編號” as its prefix, followed by the registration number of the company as stated while in the certification of incorporation. (three) The Registrar must enter the new name in the businesses Sign-up instead of the former name. (4) The change of title has influence with the day on which the new identify is entered in the Companies Register. (five) In just 30 days following the day of moving into the new title in the businesses Sign up, the Registrar— (a) have to notify the company in creating of— (i) the fact that the title on the company has become changed; (ii) The brand new title; and (iii) the day on which the change requires impact less than subsection (three); and (b) must publish a observe of that truth, The brand new name and that day while in the Gazette. (six) A change of name under this portion doesn't have an affect on any legal rights or obligations of your company or render faulty any legal proceedings by or in opposition to it. Any lawful proceedings that could have been commenced or continued by or towards it by its former identify might be commenced or ongoing by or against it by its new identify. Section: 773 Result of restoration on bona vacantia home or proper L.N. 163 of 2013 03/03/2014 (1) The Government might dispose of or if not contend with any residence or ideal vested in it beneath area 752(1), or an desire within the property or appropriate, in exactly the same way as it might eliminate or otherwise contend with another assets or correct vested in it as bona vacantia, While the company could possibly be restored to the Companies Register below this Division or segment 290 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32).
A see that was served underneath part 337B in the predecessor Ordinance, as in power immediately just before its repeal, and which was in pressure quickly before the commencement date of Division 4 of Part 16, proceeds in pressure and it has effect just as if it have been a detect served underneath part 780. 136. See of cessation of area of business in Hong Kong
(four) In the event the copy or memorandum is retained at an area apart from the company’s registered Place of work, the company have to notify the Registrar from the spot, or any change from the location, at which the copy or memorandum is stored. The notice must be in the specified type and delivered to the Registrar for registration in fifteen days once the duplicate or memorandum is initially stored at that position or within fifteen days after the change (as the situation may very well be). (five) If a company contravenes subsection (2) or (three), the company, and each liable human being of the company, commit an offence, and each is liable to your fine at level three. (six) If a company contravenes subsection (four), the company, and every liable human being from the company, dedicate an offence, and each is liable into a wonderful at degree three and, in the situation of the continuing offence, to an extra high-quality of $300 for day after day through which the offence proceeds.
A shown small business in Hong Kong can only have 1 company secretary, Which applicant must fulfill specified educational qualifications or associated practical experience requirements, for instance: Becoming an attorney or barrister; or
Cap 622 - Companies Ordinance one hundred ten (3) To the uses of the area, an instrument of transfer is Accredited by a company if it bears— (a) the phrases “certificate lodged”, or text to precisely the same result, in English or Chinese; and (b) beneath or adjacent to Those people phrases, the signature or initials of anyone getting the particular or clear authority to certify transfers on behalf from the company. (four) Until the contrary is proved, a signature or initials appearing on an instrument of transfer as talked about in subsection (three)(b) should be regarded— (a) as being the signature or initials of the individual whose signature or initials they purport to be; and (b) as having been placed on the instrument by that man or woman or by An additional individual who has the particular or apparent authority to make use of the signature or initials for the purpose of certifying transfers on behalf of your company. Portion: 323 Situation of debenture or certificate for debenture stock on transfer
Portion 57C from the predecessor Ordinance, as in pressure right away just before its repeal, continues to apply to shares purportedly issued or allotted prior to the commencement day* of section 146. 21. Permitted commissions
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(3) A letter need to be resolved— (a) to an authorized representative on the registered non-Hong Kong company whose expected information are shown in the businesses Register; or (b) if no needed specifics of licensed Associates in the company are shown in the businesses Sign-up, to anyplace of business enterprise set up from the company in Hong Kong. (4) The Registrar isn't necessary to mail a letter on the registered non-Hong Kong company less than subsection (two)(a) Should the Registrar is from the opinion the letter is not likely to become gained by the company. Segment: 798 Registrar may strike off registered non-Hong Kong company’s identify
L.N. 163 of 2013 03/03/2014 For the objective of identifying whether the powers laid out in segment 35(three) and (four) are exercisable in relation to some doc, the Registrar might— (a) withhold the registration of the doc pending compliance Along with the ask for below paragraph (b); and (b) request the one that is necessary or approved to deliver the document to the Registrar for registration underneath the Ordinance to complete all or any of the following in just a interval specified by the Registrar— (i) to provide some other doc, information or evidence that, from the Registrar’s view, is necessary for the Registrar to find out the question concerning whether or not the doc is unsatisfactory; (ii) to appropriately amend or full the doc, and redeliver it for registration with or without a supplementary document; (iii) to apply to the courtroom for just about any purchase or route that the Registrar thinks required and also to perform the
One of the best approaches to ensure you get the ideal for your personal corporate secretary position is to make use of an agency. Corporate organizations have specialized know-how formation company law with many years of knowledge in aiding other Hong Kong-based mostly corporations.
Normally, except for big businesses who can afford to pay for to make use of an in-dwelling duly skilled company secretary, company secretarial operate is frequently dealt with by an appointed external professional with experience and know-how in dealing with company secretarial duties.