5 Simple Techniques For company secretary hong kong company ordinance

A company secretary can be called the company’s executive, whose primary job is to ensure that the business enterprise and its operations adjust to all statutory rules and restrictions set from the Hong Kong Businesses Ordinance.

L.N. 163 of 2013 03/03/2014 (one) The Court docket may well, on software by anyone, by order immediate the Registrar to rectify any information on the businesses Sign-up or to remove any details from it In case the Courtroom is content that— (a) the knowledge derives from everything that— (i) is invalid or ineffective; or (ii) has actually been performed without the company’s authority; or (b) the information— (i) is factually inaccurate; or (ii) derives from just about anything that may be factually inaccurate or solid. (2) If, in relation to an application for your applications of subsection (1), a doc displaying the rectification is submitted Together with the Court, the Courtroom might involve the Registrar to rectify the data by registering the document. (3) This section will not utilize If your Court is precisely empowered beneath any other Ordinance or any other provision of this Ordinance to manage the rectification of the information on or even the removing of the information from the Companies Sign-up.

On and following the commencement day* of part 308, a register of holders of debentures retained beneath section 74A with the predecessor Ordinance is always to be considered to be a sign up of debenture holders held beneath area 308. fifty one. Notifying Registrar of location where by register of debenture holders is held

In accordance with the company secretary requirement Hong Kong, a company secretary is suggested being a member of HKCGI.

(2) During this area— young children(子女) includes action-youngsters, illegitimate children and children adopted in almost any fashion acknowledged via the law of Hong Kong; personnel share plan(僱員參股計劃) means a scheme for encouraging or facilitating the holding of shares in a very company by or for the benefit of— (a) people used or previously used in superior religion by that company or One more company in the exact same team of providers; or (b) spouses, widows, widowers, or minor kids of individuals referred to in paragraph (a); small youngsters(未成年子女) signifies little ones who will be below 18 a long time of age. Segment: 281 Exception for loans to staff L.N. 163 of 2013 03/03/2014 (1) Topic to segment 282, this Division will not prohibit the producing by a company of loans to its eligible workforce for the goal of enabling them to amass entirely paid shares in the company or its Keeping company being held by them By the use of helpful ownership. (two) During this part— little one(子女) includes a step-boy or girl, an illegitimate baby and a toddler adopted in any fashion recognized through the law of Hong Kong; eligible workforce(合資格的僱員), in relation to your company, suggests persons used in very good faith from the company, other than—

(4) When the copy or memorandum is stored at a place in addition to the company’s registered Workplace, the company have to notify the Registrar with the position, or any change during the place, at which the copy or memorandum is kept. The discover should be in the desired type and delivered to the Registrar for registration inside 15 times after the duplicate or memorandum is to start with saved at that place or inside fifteen times following the change (as the case might be). (five) If a company contravenes subsection (two) or (3), the company, and every liable human being of your company, dedicate an offence, and every is liable into a good at degree 3. (6) If a company contravenes subsection (four), the company, and each dependable man or woman of your company, dedicate an offence, and each is liable to some good at amount three and, in the situation of the continuing offence, to an extra wonderful of $300 for on a daily basis in the course of which the offence continues.

(1) For the reasons of this Program, a ideal held by a subsidiary enterprise of Yet another enterprise would be to be thought to be currently being held by that other endeavor. (2) For the applications of the Agenda— (a) without the need of restricting paragraph (b), a proper that's exercisable only in particular situations is taken into account— (i) only in the event the situations have arisen and for As long as they continue to exist; or (ii) only if the situation are within the control of the person acquiring the right; and (b) a ideal that is certainly Usually exercisable but is briefly incapable of becoming exercised proceeds for being taken into consideration.

two. In the case of the outlined company, the particulars concerning associates as required beneath section 1(file)(i) of this Plan are limited to People referring to customers who held five% or more on the issued shares in almost any class in the company’s shares as within the date on the return.

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(four) An order may possibly provide that all costs of and incidental to the appliance are to generally be borne— (a) in the case of a contravention with the company, by the company or by any officer on the company liable for the contravention; or (b) in the situation of the contravention by the officer, by that officer. (5) This area does not have an impact on the Procedure of any Ordinance imposing penalties with a company or any officer of the company in regard of the contravention. Section: 899 Registrar may possibly give detect to suspected offender about not instituting proceedings less than particular problems

Cap 622 - Providers Ordinance 305 Section: 803 Service of procedure or observe L.N. 163 of 2013 03/03/2014 (one) Subject matter to subsections (three) and (four), any process or discover required to be served on the registered non-Hong Kong company is sufficiently served if— (a) it can be resolved to a licensed agent of your company whose required particulars are proven in the Companies Register; and (b) it's left at, or sent by post hong kong company secretary exam to, the agent’s past known handle. (two) Subsections (3) and (4) utilize if— (a) no demanded aspects of licensed Reps of a registered non-Hong Kong company are revealed in the businesses Sign-up; or (b) just about every among the company’s approved Associates refuses to simply accept service on behalf with the company or the method or recognize cannot be served on any of these. (3) Any method or discover needed to be served to the registered non-Hong Kong company is sufficiently served if it is still left at, or sent by write-up to, anywhere of small business recognized because of the company in Hong Kong. (4) In the case of the registered non-Hong Kong company that no more has an area of enterprise in Hong Kong, any procedure or see necessary to be served on the company is adequately served— (a) if— (i) it is sent by registered article on the company’s registered Workplace (or maybe the equivalent) in the company’s area of incorporation in the handle as proven in the businesses Register; and (ii) a duplicate of it is shipped by registered put up to the company’s principal area of company (if any) from the company’s location of incorporation for the address as demonstrated in the businesses Sign-up; or (b) the place no these types of addresses are proven in the Companies Sign up, if it is remaining at, or sent by publish to, anyplace in Hong Kong at which the company has experienced a location of company within the earlier twelve months. (five) Any system or detect required to be served over a non-Hong Kong company (besides a registered non-Hong Kong company) is sufficiently served— (a) in the situation of a company that has recognized a location of company in Hong Kong, whether it is remaining at, or sent by write-up to, the spot of organization; or (b) in the case of a company that has proven, but not has, a place of small business in Hong Kong— (i) if— (A) it is shipped by registered post on the company’s registered office (or even the equal) within the company’s spot of incorporation; and (B) a duplicate of it is distributed by registered article towards the company’s principal spot of organization (if any) during the company’s put of incorporation; or (ii) where by the handle of these kinds of registered Business office, or principal position of small business, can't be ascertained even so the company has experienced a place of business in Hong Kong throughout the preceding 12 months, if it is left at, or despatched by post to, the place of company in Hong Kong.

(three) The Monetary Secretary ought to not appoint someone underneath subsection (2) to research a company’s affairs Except the Monetary Secretary is happy that it is in the general public interest to take action. (4) The Economic Secretary might appoint an individual under subsection (two) to research a company’s affairs Though the company is while in the course of getting wound up voluntarily. Segment: 842 Discover of appointment as inspector to be shipped to Registrar

L.N. 163 of 2013 03/03/2014 (1) In the event the problem laid out in subsection (2) is pleased, a company isn't prohibited by section five hundred, 501, 502 or 503 from coming into into any transaction— (a) to supply a director in the company or of a Keeping company with the company with funds to fulfill expenditure incurred or to become incurred with the director in Placing up a defence within an investigation, or towards any motion taken or proposed to generally be taken, by a regulatory authority in reference to any alleged misconduct via the director in relation to your company or an involved company of the company; or (b) to empower such a director to avoid incurring this kind of expenditure. (2) The ailment is that the transaction in problem is entered into about the conditions— (a) which the cash are for being repaid, or any legal responsibility on the company incurred in relation to that transaction is always to be discharged, If your director is found in the investigation or motion to own committed the misconduct; and (b) which the funds are to get so repaid, or such liability will be to be so discharged, not later on when compared to the day when the obtaining results in being final.

(three) Neither subsection (one) nor subsection (2) operates to treat a private offer of shares or debentures, or a private invitation to subscribe for shares or debentures, as a suggestion or invitation built to the general public. (four) Particularly— (a) a provision within a company’s content articles prohibiting invitations to the general public to subscribe for shares or debentures is never to be viewed as prohibiting A non-public invitation to subscribe for shares or debentures to be made to users or debenture holders; and (b) the provisions of this Ordinance referring to private providers are to generally be construed accordingly. (5) In this part, an offer of shares or debentures, or an invite to subscribe for shares or debentures, is a private