5 Simple Techniques For company secretary hong kong company ordinance
5 Simple Techniques For company secretary hong kong company ordinance
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(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 less than subsection (four), the company, or perhaps the officer or agent, commits an offence and is liable to the fantastic at stage 5 and, in the case of a continuing offence, to an additional fantastic of $a thousand for day after day during which the offence carries on. (six) Within this segment, a reference to some Qualified duplicate of any accounts is, In case the accounts are usually not in English or Chinese, a reference to some certified translation of your accounts in English or Chinese. Area: 790 Administrators may well revise accounts not complying with selected requirement
L.N. 163 of 2013 03/03/2014 (one) The Registrar should make the Companies Register obtainable for public inspection in the least reasonable times to be able to help any member of the general public— (a) to verify whether the member of the general public is handling— (i) a company to which this subsection applies, or its administrators or other officers, in matters of or related with any act on the company; (ii) a director or other officers of such a company in issues of or related While using the administration on the company, or of its property; (iii) someone against whom a disqualification buy has actually been produced by a court docket;
A company secretary is required to perform specific regulatory features within a company. They are also essential for a mandate from the Hong Kong Government. Company administrators depend upon the company secretary to detect and resolve compliance concerns.
L.N. 163 of 2013 03/03/2014 (1) If a registered non-Hong Kong company is served having a detect beneath section 780(one) to get a corporate identify or for an authorized identify in relation to a corporate identify, the company might implement, in creating, to your Registrar for approval of One more identify, in relation towards the corporate title, under which the company is to hold on business in Hong Kong. (2) An software must be sent to the Registrar. (three) On acquiring an application for approval of a name, the Registrar will have to approve the name Until contented that the name— (a) is the same as or is simply too like— (i) a reputation that appears, or must have appeared, during the Index of Company Names; or (ii) the title of the system corporate incorporated or proven less than an Ordinance; or (b) provides so misleading an indication of the nature on the registered non-Hong Kong company’s routines in Hong Kong as for being more likely to induce harm to the public.
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The company secretary is actually a company agent who'll report to the businesses Registry any change from the construction of the company and its essential personnel facts (i.e. its directors and shareholders).
L.N. 163 of 2013 03/03/2014 (1) This section applies if a member or users of the repurchasing company has or have given observe less than portion 711 which the member or customers will not likely tender any shares to be acquired back again by that company beneath a standard supply. (two) If, in the situation of a common provide that does not relate to shares of various courses— (a) the repurchasing company has, by virtue of acceptances from the give, acquired back again, or contracted unconditionally to purchase back, some although not every one of the shares to which the provide relates; and (b) Anytime prior to the stop in the provide interval, the shares from the repurchasing company controlled by that company, with or without the shares during the repurchasing company held because of the non-tendering member, symbolize at the very least ninety% in number of the shares during the repurchasing company, the holder of any shares to which the give relates who may have not approved the offer you before the finish of that period could, by a letter addressed to the repurchasing company, involve that company to order again Individuals shares.
Cap 622 - Corporations Ordinance 212 (a) may very well be sent for the company in tricky copy sort or in electronic sort; and (b) have to be authenticated with the member or by another person performing within the member’s behalf.
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(three) No non-public company possessing just one director can have as company secretary from the company a overall body corporate the only real director of that is the only director on the non-public company. Portion: 476 Direction requiring company to appoint company secretary
Cap 622 - Corporations Ordinance 305 Area: 803 Service of process or notice L.N. 163 of 2013 03/03/2014 (one) Issue to subsections (three) and (4), any process or observe needed to be served over a registered non-Hong Kong company is adequately served if— (a) it really is addressed to an authorized agent of your company whose essential facts are proven in the Companies Sign-up; and (b) it can be still left at, or sent by put up to, the consultant’s past acknowledged address. (2) Subsections (three) and (4) use if— (a) no expected facts of authorized Associates of the registered non-Hong Kong company are shown in the Companies Register; or (b) every on the list of company’s authorized representatives refuses to just accept service on behalf on the company or the process or see can't be served on any of them. (three) Any approach or recognize necessary to be served on the registered non-Hong Kong company is sufficiently served whether it is remaining at, or despatched by write-up to, anywhere of company recognized via the company in Hong Kong. (4) In the case of the registered non-Hong Kong company that no more has a place of company in Hong Kong, any course of action or discover necessary to be served to the company is adequately served— (a) if— (i) it is shipped by registered submit to your company’s registered Business office (or perhaps the equivalent) from the company’s location of incorporation with the handle as demonstrated in the businesses Sign up; and (ii) a replica of it is shipped by registered put up to the company’s principal put of company (if any) while in the company’s location of incorporation in the deal with as proven in the businesses Sign up; or (b) where no this sort of addresses are demonstrated in the businesses Sign up, whether it is still left at, or sent by submit to, anyplace in Hong Kong at which the company has experienced a location of business throughout the former twelve months. (5) Any course of action or observe needed to be served on the non-Hong Kong company (aside from a registered non-Hong Kong company) is sufficiently served— (a) in the situation of the company which includes proven a spot of enterprise in Hong Kong, if it is left at, or sent by publish to, company secretary duties hong kong the position of organization; or (b) in the situation of the company which includes proven, but no longer has, a place of small business in Hong Kong— (i) if— (A) it is sent by registered write-up to the company’s registered Business (or even the equal) from the company’s place of incorporation; and (B) a replica of it is distributed by registered put up into the company’s principal area of business (if any) inside the company’s area of incorporation; or (ii) exactly where the address of these types of registered Business, or principal location of small business, can not be ascertained however the company has experienced an area of enterprise in Hong Kong throughout the preceding 12 months, if it is remaining at, or despatched by submit to, the spot of enterprise in Hong Kong.
L.N. 163 of 2013 03/03/2014 For the objective of pinpointing whether or not the powers laid out in portion 35(three) and (4) are exercisable in relation to some document, the Registrar may perhaps— (a) withhold the registration from the document pending compliance Along with the ask for underneath paragraph (b); and (b) ask for the one that is necessary or licensed to deliver the document on the Registrar for registration beneath the Ordinance to carry out any or all of the subsequent within a period specified with the Registrar— (i) to supply every other doc, details or evidence that, while in the Registrar’s belief, is needed for the Registrar to find out the problem as to if the doc is unsatisfactory; (ii) to appropriately amend or entire the document, and redeliver it for registration with or without having a supplementary document; (iii) to apply to the court docket for any purchase or way the Registrar thinks needed and to perform the
Segment sixty nine from the predecessor Ordinance (as far as it relates to a transfer of shares), as in pressure immediately in advance of its repeal, continues to use to a transfer lodged prior to the commencement day* of segment 151. 23. Challenge of share certificate on transfer
Sections 290C and 290D in the predecessor Ordinance, as in pressure straight away before their repeal, proceed to apply in relation to your disclaimer of the Government’s title to any property or proper (besides immovable residence) vested in The federal government prior to the commencement day* of Division 3 of Element 15 under area 292 on the predecessor Ordinance. 129. Placing off