The Basic Principles Of company secretary hong kong company ordinance
(6) An announcement of your particulars of the specified demand— (a) needs to be in the required kind; and (b) must be accompanied with the prescribed payment. (7) If someone thinking about a specified demand pays to your Registrar any prescribed rate with the registration of a statement with the particulars of the demand, the price is recoverable through the company generating the charge. (8) If a specified demand is made in Hong Kong and comprises home situate outside Hong Kong, a Licensed duplicate on the instrument developing or purporting to produce the charge can be delivered to the Registrar for registration below subsection (one), (2) or (3) Regardless that additional proceedings may be necessary to make that charge legitimate or effectual in accordance with the law of your position during which the property is situate. Section: 336 Registered non-Hong Kong company should register specified charge established by it
L.N. 163 of 2013 03/03/2014 (one) The Court docket may well, on application by anyone, by order direct the Registrar to rectify any info on the Companies Register or to eliminate any data from it In case the Court is pleased that— (a) the data derives from everything that— (i) is invalid or ineffective; or (ii) continues to be performed without the company’s authority; or (b) the information— (i) is factually inaccurate; or (ii) derives from anything that is certainly factually inaccurate or solid. (2) If, in relation to an software with the reasons of subsection (1), a doc demonstrating the rectification is submitted With all the Courtroom, the Court may involve the Registrar to rectify the knowledge by registering the doc. (three) This area won't implement Should the Court is especially empowered under another Ordinance or some other provision of the Ordinance to handle the rectification of the data on or maybe the removal of the information from the Companies Register.
(5) The organization Which might be addressed at the meeting features a resolution of which observe has actually been A part of the notice of meeting in accordance with subsection (2). (six) Any fair bills incurred via the customers requesting the meeting by rationale in the failure of the administrators duly to connect with a meeting must be reimbursed by the company. (seven) Any sum so reimbursed have to be retained because of the company from any sum due or to become because of from the company by way of fees or other remuneration in respect of the services of the directors who were in default. Section: 569 Members’ electricity to connect with common meeting when there isn't a director and many others.
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L.N. 163 of 2013 03/03/2014 (1) Somebody commits an offence if the person, devoid of affordable justification, fails to adjust to any prerequisite imposed on the person beneath portion 869. (two) Anyone commits an offence if the person, with intent to defraud, fails to adjust to any need imposed on the individual underneath section 869. (3) An officer or personnel of the company on which a prerequisite is imposed underneath section 869 commits an offence In case the officer or personnel, with intent to defraud, results in or permits the company to fail to comply with the prerequisite. (4) Somebody commits an offence if the individual— (a) in purported compliance that has a need imposed on the person less than part 869— (i) produces any file or doc that is false or misleading in a fabric particular; or (ii) provides any details or explanation that is false or deceptive in a fabric individual; and (b) recognizes that, or is reckless as to whether, the record or doc, or the knowledge or explanation, is fake or misleading in a cloth unique. (5) An individual commits an offence if the person, with intent to defraud, in purported compliance that has a necessity imposed on the person beneath area 869— (a) produces any record or document that is fake or misleading in a material unique; or (b) gives any data or explanation that is fake or misleading in a material distinct. (six) An officer or personnel of the company on which a requirement is imposed less than section 869 commits an offence if the officer or employee, with intent to defraud, will cause or makes it possible for the company to, in purported compliance with the necessity— (a) produce any file or doc that is false or misleading in a fabric distinct; or (b) supply any details or rationalization that is false or deceptive in a material individual. (7) An individual is just not excused from complying using a prerequisite imposed on the person under section 869 only on the ground that to take action may possibly usually incriminate the individual.
Competent company secretaries will assist you to definitely take correct actions to comply with Hong Kong laws, ensuring that your online business operates effectively and without going against the law.
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L.N. 163 of 2013 03/03/2014 (1) An auditor’s report need to point out, during the auditor’s feeling— (a) whether or not the economic statements are properly ready in compliance with this particular Ordinance; and (b) particularly, whether the monetary statements— (i) in the case of annual economical statements of the company that does not drop within the reporting exemption with the fiscal yr, give a real and truthful view of the money situation and economic effectiveness on the company as needed by area 380; or (ii) in the case of annual consolidated fiscal statements of the company that doesn't fall inside the reporting exemption for the fiscal 12 months, provide a accurate and good perspective on the financial position and fiscal effectiveness of your company and many of the subsidiary undertakings as necessary by area 380.
(two) For that reasons of this Ordinance, an endeavor can also be a father or mother undertaking of Yet another endeavor if it's got the best to exercise a dominant influence more than that other endeavor by advantage of— (a) the provisions contained in any document constituting or regulating that other endeavor; or (b) a contract in composing that—
Part: 522 Man or woman will have to not make payment for lack of Office environment to director or former director in connection with transfer of company’s undertaking or home
L.N. 163 of 2013 03/03/2014 For the goal of determining whether or not the powers laid out in part 35(three) and (4) are exercisable in relation to the doc, the Registrar may perhaps— (a) withhold the registration of the doc pending compliance Using the request underneath british virgin islands company formation paragraph (b); and (b) ask for the one who is needed or authorized to provide the doc for the Registrar for registration under the Ordinance to do all or any of the next in a interval specified via the Registrar— (i) to create almost every other document, information and facts or evidence that, from the Registrar’s view, is necessary for the Registrar to ascertain the problem as to whether or not the document is unsatisfactory; (ii) to properly amend or entire the document, and redeliver it for registration with or without a supplementary document; (iii) to apply to the court for virtually any order or way the Registrar thinks essential and also to perform the
(1) An current company needn't comply with any provision of the Ordinance necessitating the company’s sign-up of administrators to incorporate particulars additional to Those people needed because of the predecessor Ordinance till— (a) the date to which the company would make up its to start with yearly return built nearly a date on or once the commencement date of part 643; or (b) In the event the company fails to take action, the last day to which the company must have designed up that return. (2) Until the existing company is usually a company formed and registered below a provision on the predecessor Ordinance having a continuing impact underneath this Schedule or by advantage of segment 23 from the Interpretation and General Clauses Ordinance (Cap one), subsection (1) does not apply in relation to some director or reserve director of whom particulars are initially registered on or after the commencement day of area 643 (whether the director or reserve director was appointed in advance of, on or after that day).
Normally, apart from huge companies who can pay for to employ an in-household duly competent company secretary, company secretarial function is frequently dealt with by an appointed exterior Skilled with experience and expertise in dealing with company secretarial duties.