hong kong company secretary requirements - An Overview
hong kong company secretary requirements - An Overview
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seven. An yearly return beneath area 662(3) has to be accompanied by— (a) copies of your paperwork required to be despatched to every member of the company beneath segment 430, Licensed by a director or company secretary of your company being genuine copies; and (b) if any of your documents pointed out in paragraph (a) is in the language apart from English or Chinese, a certified translation (being annexed to that doc) in English or Chinese on the document. Program: 7 Offences in respect of which Proceedings not Instituted below Particular Disorders
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Section: 468 Avoidance of provisions guarding director from liability L.N. 163 of 2013 03/03/2014 (one) This section relates to a provision contained inside of a company’s content articles, or within a agreement entered into by a company, or or else. (2) If a provision purports to exempt a director of your company from any liability that would in any other case connect on the director in connection with any negligence, default, breach of obligation or breach of have faith in in relation to your company, the provision is void. (three) If, by a provision, the company instantly or indirectly gives an indemnity for your director with the company, or a director of the involved company in the company, in opposition to any legal responsibility attaching on the director in reference to any carelessness, default, breach of obligation or breach of believe in in relation to your company or involved company (as the situation might be), the provision is void. (4) Subsection (three) does not reduce a company from using out and trying to keep in force coverage for a director in the company, or possibly a director of the related company in the company, from— (a) any legal responsibility to any person attaching to the director in reference to any negligence, default, breach of obligation or breach of believe in (except for fraud) in relation to the company or linked company (as the case could possibly be); or (b) any legal responsibility incurred through the director in defending any proceedings (no matter whether civil or prison) taken versus the director for almost any carelessness, default, breach of duty or breach of have confidence in (such as fraud) in relation for the company or associated company (as the case can be).
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L.N. 163 of 2013 03/03/2014 (1) Somebody commits an offence if the person, without having affordable excuse, fails to comply with any need imposed on the person less than part 869. (2) Anyone commits an offence if the individual, with intent to defraud, fails to adjust to any prerequisite imposed on the individual underneath area 869. (3) An officer or staff of the company on which a prerequisite is imposed underneath segment 869 commits an offence In case the officer or staff, with intent to defraud, causes or permits the company to fall short to comply with the need. (4) Someone commits an offence if the individual— (a) in purported compliance that has a need imposed on the person underneath segment 869— (i) generates any history or document that is fake or misleading in a fabric unique; or (ii) gives any details or clarification that is fake or misleading in a fabric individual; and (b) knows that, or is reckless regarding whether, the history or doc, or the knowledge or rationalization, is fake or misleading in a cloth individual. (5) Somebody commits an offence if the individual, with intent to defraud, in purported compliance using a necessity imposed on the individual beneath part 869— (a) produces any file or document that is false or deceptive in a material unique; or (b) presents any information and facts or clarification that is fake or deceptive in a fabric unique. (6) An officer or staff of the company on which a need is imposed beneath segment 869 commits an offence When the officer or employee, with intent to defraud, brings about or allows the company to, in purported compliance Along with the prerequisite— (a) develop any file or doc that is fake or deceptive in a cloth certain; or (b) offer any information or rationalization that is fake or misleading in a fabric certain. (7) Anyone is not really excused from complying which has a need imposed on the person below section 869 only on the bottom that to do so may possibly are inclined to incriminate the person.
Cap 622 - Corporations Ordinance 152 Section: 410 Experienced privileges L.N. 163 of 2013 03/03/2014 (1) From the absence of malice, an auditor of the company will not be liable to any action for defamation for the match of any person in regard of any statement made by the auditor while in the course of carrying out duties as auditor of your company. (2) Inside the absence of malice, an individual is just not liable to any motion for defamation on the suit of anyone in regard from the publication of any doc— (a) geared up by an auditor of the company while in the course of accomplishing duties as auditor of your company; and (b) demanded by this Ordinance— (i) to get sent to the Registrar; or (ii) to generally be sent to any member of the company or any other person. (3) This segment doesn't limit or have an affect on any other right, privilege or immunity that an auditor of a company, or some other person, has as defendant in an action for defamation. (4) With this area, a reference to accomplishing duties as auditor of the company involves— (a) creating a cessation statement, giving the statement into the company, and requesting the company to adjust to the necessity laid out in portion 422(five) in relation into the assertion; and (b) producing a press release of instances, and supplying the assertion on the company. Segment: 411 Legal rights in relation to general Conference L.N. 163 of 2013 03/03/2014 (1) Anyone appointed as auditor of a company is entitled— (a) to show up at any of the company’s common meetings; and (b) to get read, at any of the company’s general conferences, on any Component of the organization of your Assembly that problems the individual as auditor in the company. (two) Somebody’s entitlement less than subsection (1)(a) or (b) is, if the individual is actually a business or physique corporate, exercisable by a all-natural person authorized by the person to act as the person’s consultant for the Conference.
L.N. 163 of 2013 03/03/2014 (1) This area applies if a member or customers of the repurchasing company has or have presented discover below portion 711 that the member or users will not tender any shares being bought again by that company under a normal offer you. (two) If, in the situation of the standard offer you that doesn't relate to shares of different classes— (a) the repurchasing company has, by advantage of acceptances of the offer, acquired back, or contracted unconditionally to order back again, some but not all of the shares to which the provide relates; and (b) Anytime ahead of the conclude with the offer you period of time, the shares from the repurchasing company controlled by that company, with or without the shares within the repurchasing company held by the non-tendering member, stand for at the very least 90% in variety of the shares within the repurchasing company, the holder company formation 247 of any shares to which the offer you relates who's got not recognized the give prior to the close of that interval could, by a letter addressed into the repurchasing company, call for that company to purchase back again Individuals shares.
Segment eighty five in the predecessor Ordinance, as in drive promptly in advance of its repeal— (a) continues to use in relation to an application created by a company, the mortgagee, or the person entitled for the cost, before the commencement day* of Division 5 of Component 8 for the needs of that section 85; and (b) carries on to apply, by virtue of area 91 from the predecessor Ordinance as so in drive, in relation to an software made by a non-Hong Kong company registered below Element XI in the predecessor Ordinance, the mortgagee, or the individual entitled for the cost, right before that commencement date* for the applications of that section 85. 70. Extension of your time for registration and rectification of sign up of charges
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隨着「唯一業務識別碼」的實施，「商業登記號碼」已取代「公司註冊編號」，作為搜尋及識別公司或實體的關鍵編號。「電子服務網站」的電子查冊服務將提供快速查冊功能，便利用戶以「公司註冊編號」搜尋在「唯一業務識別碼」實施前成立或註冊的公司或實體相應的「商業登記號碼」，反向搜尋亦可。
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Cap 622 - Corporations Ordinance 182 Section: 488 Director or former director affiliated with system corporate L.N. 163 of 2013 03/03/2014 (1) For the functions of this Element, a director or former director is connected to a system corporate if— (a) the director or previous director, or any a number of on the entities specified in subsection (3), or even the director or former director along with any a number of of These specified entities, are entitled to work out, or Manage the training of, over thirty% in the voting power at any basic meeting of that overall body corporate; or (b) the directors, or a the vast majority of the directors, of that system corporate are accustomed to act in accordance with the directions or instructions of— (i) the director or former director; or (ii) an entity linked With all the director or previous director. (two) In this particular segment, a reference to voting energy the exercising of that is managed by a director or previous director, or by an entity laid out in subsection (three), features voting electrical power the work out of that is controlled by Yet another system corporate if the director or previous director, or any a number of of the specified entities, or maybe the director or previous director along with any a number of of the required entities, are entitled to training, or Regulate the physical exercise of, greater than 50% from the voting ability at any basic meeting of that other human body corporate.