The only director of a private company can't even be the company secretary (i.e. among the company’s administrators might be the company secretary only if there is multiple director in place);

(two) The Registrar may do the act, or induce the act being performed, given that the company’s or the liquidator’s or provisional liquidator’s consultant. (three) The Registrar could execute or sign any pertinent instrument or doc, adding a memorandum stating that the Registrar has accomplished so because the company’s or even the liquidator’s or provisional liquidator’s representative. (four) An instrument or document executed or signed through the Registrar under subsection (three) has the same influence as In case the company, if nonetheless current, experienced executed the instrument or document. Portion: 758 Former director have to keep dissolved company’s publications and papers for six decades

(5) A change of title less than this area won't influence any rights or obligations with the company or render faulty any authorized proceedings by or from it. Any lawful proceedings that could have been commenced or ongoing by or versus it by its former name could be commenced or continued by or from it by its new name. (six) If a company contravenes subsection (2), the company, and every dependable particular person from the company, dedicate an offence, and every is liable to your high-quality at degree three and, in the case of the continuing offence, to an additional great of $three hundred for every day in the course of which the offence carries on. Section: 108 Registrar may possibly direct company to change exact same or comparable name and so forth.

Cap 622 - Providers Ordinance ninety three (b) a reference into a company giving monetary assistance for the objective of cutting down or discharging a liability incurred by someone for the objective of the acquisition of shares consists of the company giving monetary aid for the objective of wholly or partly restoring the person’s economical situation to what it had been prior to the acquisition occurred.

A observe which was served below segment 337B of the predecessor Ordinance, as in power right away right before its repeal, and that was in force quickly prior to the commencement day of Division 4 of Part 16, carries on in drive and it has effect as if it ended up a discover served below area 780. 136. Observe of cessation of spot of company in Hong Kong

Qualified company secretaries will assist you to definitely consider good actions to comply with Hong Kong laws, guaranteeing that your business runs proficiently and with out heading from the legislation.

As a company operator, you’ll should submit two experiences and just one audit annually. Even In case you have no transactions, you continue to really need to submit yearly reports: put together unaudited accounts, have an external auditor critique them, and file Earnings Tax Return.

L.N. 163 of 2013 03/03/2014 (one) The Registrar may well by notice in composing immediate a company to change, throughout the interval laid out in the notice, a name less than which the company is restored to the businesses Sign-up underneath this Division if— (a) the identify is, as at time with the restoration, the same as or in the Registrar’s feeling too just like a identify that appeared or ought to have appeared while in the index of names held below section 22C of the predecessor Ordinance or from the Index of Company Names; or (b) the title is, as at the time of the restoration, the same as or during the Registrar’s viewpoint far too like a title of a physique corporate incorporated or set up less than an Ordinance.

Cap 622 - Corporations Ordinance 189 (b) give a promise or provide safety in reference to a quasi-financial loan produced by anyone to this type of director. (three) Despite subsection (two)— (a) a specified company may possibly enter into your transaction with just the prescribed approval of its associates Should the holding company is incorporated outdoors Hong Kong; and (b) a specified company may possibly enter in the transaction with just the prescribed approval with the Keeping company’s members if it is a wholly owned subsidiary in the holding company, and the Keeping company is incorporated in Hong Kong. Area: 502 Specified company will have to not make mortgage or quasi-mortgage and so on. to linked entity

The corporate secretary also manages the compliance standing of your company. And functions like a mediator amongst the company's shareholders and directors.

(five) At a variation of class legal rights Conference, any member present in person or by proxy may perhaps desire a poll. (6) With the applications of the area— (a) any Modification of a provision in a company’s articles to the variation with the rights of a class of customers, or even the insertion of such a provision to the posts, is by itself to become considered a variation of These rights; and (b) a reference to the variation of the rights of a category of customers contains the abrogation of These rights.

Corporate secretaries are in the end to blame for the lawful filings of businesses, for instance disclosures to shareholders, annual and quarterly earnings and account data, and tax obligations. They consult with board users and make …Read through a lot more

(one) An existing company needn't comply with any provision of the Ordinance requiring the company’s sign-up of administrators to have particulars further to These demanded with the company formation login predecessor Ordinance till— (a) the day to which the company makes up its very first annual return built nearly a date on or once the commencement date of segment 643; or (b) When the company fails to take action, the last date to which the company must have produced up that return. (2) Except the existing company can be a company formed and registered below a provision with the predecessor Ordinance possessing a continuing result under this Plan or by advantage of portion 23 of the Interpretation and Basic Clauses Ordinance (Cap 1), subsection (1) isn't going to utilize in relation to the director or reserve director of whom particulars are initial registered on or after the commencement date of area 643 (whether or not the director or reserve director was appointed before, on or after that day).

L.N. 163 of 2013 03/03/2014 (one) A company might notify every member or possible member to provide the company a observe of intent less than subsection (three). (two) A notification to the member or opportunity member— (a) have to be offered in creating; and (b) need to be specified in relation to a financial calendar year. (three) In reaction into a notification, a member or likely member may well give the company a recognize of intent to— (a) ask for— (i) both a duplicate on the reporting paperwork or a copy from the summary financial report; or (ii) none of Those people copies; and (b) in the case of paragraph (a)(i), ask for the copy to be despatched because of the company in challenging copy sort, in electronic sort, or by making it available on an internet site. (4) A member or probable member may possibly only create a ask for beneath subsection (three)(b) in reaction to some notification for a replica in the reporting paperwork or a copy with the summary fiscal report back to be sent in Digital type or by making it readily available on a website Should the company has supplied, within the notification, the member or opportunity member an option to ask for the duplicate to become so sent. (five) If a observe of intent is received because of the company at the very least 28 days before the 1st day on which a copy in the reporting paperwork with the financial year is sent to a member under segment 430, the observe of intent has influence in relation to that money 12 months, and every subsequent economical calendar year, until it ceases to possess impact by virtue of subsection (seven). (six) If a discover of intent is gained by the company lower than 28 times before the to start with day on which a duplicate from the reporting files with the financial 12 months is distributed to some member under portion 430— (a) the see of intent has influence in relation to every money 12 months subsequent to that financial year till it ceases to obtain impact by virtue of subsection (seven); and (b) the member or possible member is to be viewed as— (i) obtaining asked for a copy on the summary financial report to the financial year; and (ii) obtaining asked for the summary economic report back to be despatched by the company in challenging duplicate form.