Everything about hong kong company secretary checklist (2nd edition)
Section: 354 Notification of area the place sign-up of charges is retained L.N. 163 of 2013 03/03/2014 (1) A company or registered non-Hong Kong company must notify the Registrar with the location at which the sign-up of expenses is stored. The observe must be in the desired sort and shipped to the Registrar for registration within fifteen times after the register is very first saved at that put. (2) A company or registered non-Hong Kong company ought to notify the Registrar of any change (apart from a change of the handle of the company’s registered Place of work or registered non-Hong Kong company’s principal location of organization in Hong Kong) inside the position at which the sign up of costs is stored. The discover has to be in the specified type and shipped to the Registrar for registration within just 15 times once the change. (three) Subsection (1) won't demand a company or registered non-Hong Kong company to inform the Registrar in the put at which the sign-up of costs is stored— (a) if, in the situation of a sign-up that arrived into existence on or after the commencement date* of this section, it has constantly been stored at— (i) the company’s registered Place of work; or (ii) the registered non-Hong Kong company’s principal place of company in Hong Kong; or (b) if— (i) straight away right before that commencement day*, the company or registered non-Hong Kong company held a sign up to the functions of section 89 of the predecessor Ordinance; and (ii) on and after that commencement date*, that sign up is kept being a sign up of charges for your needs of segment 352(one) or 353(1) for the area at which it was stored right away right before that commencement
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(3) Despite subsection (2)— (a) a specified company may enter into your transaction with only the prescribed approval of its users In the event the Keeping company is incorporated exterior Hong Kong; and (b) a specified company may possibly enter into your transaction with only the prescribed acceptance with the holding company’s customers whether it is an entirely owned subsidiary from the Keeping company, as well as the holding company is incorporated in Hong Kong. Part: 503 Specified company should not enter into credit transaction and many others. as creditor for director or linked entity
(1) An current company need not comply with any provision of the Ordinance requiring the company’s register of company secretaries to comprise particulars extra to All those needed because of the predecessor Ordinance until— (a) the date to which the company can make up its initially once-a-year return made around a date on or following the commencement date* of segment 650; or (b) If your company fails to take action, the final day to which the company must have made up that return. (two) Except if the present company is usually a company fashioned and registered underneath a provision with the predecessor Ordinance having a continuing influence under this Schedule or by advantage of portion 23 in the Interpretation and Common Clauses Ordinance (Cap one), subsection (1) will not implement in relation to your company secretary of whom particulars are to start with registered on or after the commencement date* of segment 650 (whether or not the company secretary was appointed before, on or after that date).
He or she makes absolutely sure the company's Procedure is below Hong Kong statutory requirements, legislation, and laws.
(5) The directors of the company need to not specify a brand new accounting reference date in relation to an accounting reference interval In order to extend the period of time to for a longer period than eighteen months. (six) The administrators of the company have to not specify a brand new accounting reference day in relation to The present or former accounting reference time period In order to increase that period if— (a) Those people directors have specified a fresh accounting reference day in relation to an previously accounting reference interval In order to increase that earlier period; and (b) the earlier accounting reference period of time finished inside 5 yrs prior to the new accounting reference day is specified. (seven) Subsection (6) won't utilize if— (a) the new accounting reference date to generally be specified by the administrators coincides Using the accounting reference day of the holding company of your company; or (b) the specification is authorized by a associates’ resolution. (8) If a company contravenes subsection (two), the company, and every dependable individual from the company, commit an offence, and every is liable to your wonderful at stage 3 and, in the case of a continuing offence, to an extra good of $three hundred for each day throughout which the offence proceeds. (9) In this particular portion— earlier accounting reference time period(對上的會計參照期), in relation to some company, signifies the accounting reference duration of the company straight away preceding the company’s present accounting reference period. Part: Division: nine 4 Preparation of monetary Statements and Administrators’ Stories
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Section: 335 Company ought to register specified cost produced by it L.N. 163 of 2013 03/03/2014 (1) A company ought to deliver a statement of your particulars of every specified charge designed with the company, along with a certified copy from the instrument (if any) building or evidencing the charge, on the Registrar for registration throughout the registration interval specified in subsection (5)(a). (2) In which— (a) a specified demand designed by a company— (i) is given inside of a debenture forming Portion of a series by reference to almost every other instrument that contains the charge (if also contained while in the debenture); or (ii) is contained inside a debenture forming A part of a series (but not presented while in the debenture by reference to some other instrument); and (b) just about every holder in the debentures of your series is entitled Similarly to the benefit of the demand, the company will be to be considered to be having complied with subsection (1) in relation to the specified demand Should the
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Right up until the Chief Secretary for Administration publishes a summary of Chinese language newspapers and English language newspapers while in the Gazette less than portion 203(2), a Chinese language newspaper or an English language newspaper specified in the list of newspapers very last released beneath segment 71A(three)(a) of your predecessor Ordinance is taken for being a specified Chinese language newspaper or simply a specified English language newspaper (as the situation could possibly be) for your functions of Section five. Section 6
(3) A company is not necessary to deliver a recognize less than this part in relation to an alteration of share money involving an allotment of shares. Observe— For an allotment of shares, area 142 needs a company to provide a return from the allotment into the Registrar for registration. (4) If a company contravenes subsection (1), the company, and each responsible particular person of your company, commit an offence, and each is liable to some wonderful at stage four and, in the case of a continuing offence, to a further fantastic of $700 for each day in the course of which the offence carries on. Part: 172 Redenomination of share cash L.N. 163 of 2013 03/03/2014 (one) A limited company may well, your company formations by resolution on the company, convert its share capital or any class of shares from 1 currency to a different currency. This is known as a redenomination. (two) A resolution under this portion may perhaps authorize a confined company to redenominate its share cash— (a) on multiple event; (b) at a specified time or in specified instances. (3) A redenomination will not have an affect on any rights or obligations of users beneath the company’s articles or blog posts, or any limitations affecting users beneath the company’s articles. (4) Particularly, it does not impact any entitlement to dividends (such as entitlement to dividends in a specific forex), voting rights or liability in respect of quantities remaining unpaid on shares (which include legal responsibility in a selected forex). (5) For your needs of this area, the company’s posts contain the terms on which any shares in the company are allotted or held. (six) A constrained company’s content articles could exclude or restrict the training of a power conferred by this portion.
(one) Area 57 of your predecessor Ordinance, as in pressure instantly prior to its repeal, continues to use to the payment of curiosity by a company Should the Particular resolution beneath paragraph (a) of your proviso to that section authorizing the payment was passed ahead of the repeal, regardless of in the event the sanction in the courtroom to the payment is acquired. (2) With no limiting subsection (1), the company may cost fascination to cash in accordance with portion fifty seven of your predecessor Ordinance if— (a) desire was paid by a company in accordance with that segment ahead of its repeal, but not charged to capital; or (b) interest is compensated by a company once the repeal in accordance which has a Specific resolution passed below paragraph (a) in the proviso to that segment before the repeal, regardless of in the event the sanction of your court docket for that payment is received.
Cap 622 - Organizations Ordinance 349 (i) is of a kind approved by any document constituting or regulating that other enterprise; and (ii) is permitted by the law below which that other undertaking is set up. (three) In subsection (1)(b), a reference on the voting legal rights in an endeavor is— (a) in the case of an undertaking getting a share funds, a reference to your rights supplied towards the users in regard in their shares; or (b) in the case of an enterprise not aquiring a share cash— (i) Should the enterprise is needed to hold basic meetings at which issues are made a decision because of the work out of voting rights, a reference towards the rights specified into the associates to vote at the general conferences on all matters or on significantly all matters; or (ii) In the event the endeavor will not be necessary to hold such normal meetings, a reference into the legal rights underneath the endeavor’s Structure to immediate the enterprise’s Total plan or to alter the conditions of that Structure. (4) For your reasons of subsection (1)(b), an enterprise is actually a member of An additional endeavor if— (a) anyone acting on behalf of it, or of any of its subsidiary undertakings, holds shares in that other undertaking; or (b) any of its subsidiary undertakings is usually a member of that other undertaking.