hong kong company secretary requirements - An Overview

7. An annual return underneath part 662(three) have to be accompanied by— (a) copies from the documents necessary to be despatched to each member of your company less than portion 430, Accredited by a director or company secretary from the company to get real copies; and (b) if any of your files outlined in paragraph (a) is inside of a language apart from English or Chinese, a certified translation (to get annexed to that document) in English or Chinese on the doc. Schedule: 7 Offences in regard of which Proceedings not Instituted beneath Selected Ailments

A Hong Kong company secretary’s duties and obligations are assorted. It ranges from administrative to administration features. The subsequent are some of the Main tasks of your corporate secretary:

On and after the commencement day* of segment 308, a register of holders of debentures held below portion 74A in the predecessor Ordinance will be to be regarded as a register of debenture holders held less than part 308. fifty one. Notifying Registrar of place the place sign-up of debenture holders is retained

Cap 622 - Organizations Ordinance eighty one of the company. (two) The company ought to include things like Together with the observe from the proposed resolution— (a) a replica of the document made up of the proposed basic present; and (b) a statement, signed by the administrators of your company, containing facts that would allow an affordable man or woman to variety a legitimate and justifiable feeling as to the merits of your give. (three) If, underneath the proposed general present, a member of the company might be compelled to eliminate the member’s shares underneath Division five of Component 13 (compulsory acquisition following normal provide for share obtain-back again)— (a) the company ought to appoint an impartial financial investment adviser to advise customers who may very well be influenced through the Obligatory disposal to the merits with the give; and (b) the resolution authorizing the offer you needs to be a Specific resolution on which no non-tendering member votes. (four) A person is qualified for appointment as an investment decision adviser less than subsection (three)(a) only if— (a) the person is a company licensed to hold on, or a certified money institution registered for carrying on, a business in advising on securities or advising on corporate finance less than Portion V of the Securities and Futures Ordinance (Cap 571); and (b) the individual is neither— (i) a member, officer, shadow director or personnel of the company generating the final supply or of an associated company of that company; nor (ii) an related company from the company earning the final supply.

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Take note— Paragraph (b) with the proviso to segment fifty seven of your predecessor Ordinance demands the sanction with the court docket to be received ahead of the payment is produced. 34. Aid from share funds requirements

(three) We keep and update your company's Sign up of members, Sign up of directors and Register of company secretary

(two) With no prescribed acceptance of its customers along with the prescribed approval from the Keeping company’s associates, a specified company should not— (a) create a quasi-mortgage to a director of the holding company in the company; or

6. An yearly return beneath part 662(1) should also consist of the next information and facts in regard with the private company— (a) a statement the company has not— (i) since the date of the last formation company startup return; or (ii) in the case of a primary return, For the reason that date from the incorporation of your company, issued any invitation to the public to subscribe for almost any shares or debentures from the company; and (b) In the event the yearly return discloses The reality that the number of associates of the company exceeds 50, a statement that the excess consists wholly of folks who, beneath part eleven(two), are excluded inside the calculation of the volume of customers from the company. Element 3

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(2) Within this Element, a reference towards the billed residence of a non-Hong Kong company registered beneath Section XI of your predecessor Ordinance is usually a reference to— (a) the assets in Hong Kong from the company and subject matter to your cost established through the company, apart from home that was not in Hong Kong if the charge was made; or (b) the assets in Hong Kong in the company and subject to your demand that subsisted once the assets was acquired because of the company, besides house which was not in Hong Kong when it absolutely was so acquired. 63. Charge made by company

(eight) Subsection (six) isn't going to render defective any lawful proceedings by or against the registered non-Hong Kong company. If you can find any lawful proceedings that might have been commenced or ongoing by or towards that company from the corporate identify or maybe the outdated accepted title, All those proceedings can be commenced or continued by or in opposition to it by the new permitted name in relation towards the corporate name. Part: Division: sixteen 5 Licensed Associates of Registered Non-Hong Kong Providers

Hong Kong providers are legally required to hold their statutory books current. They need to also be saved in a safe electronic or Bodily area and be designed available for inspection by the general public if desired.

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