The Basic Principles Of company secretary hong kong qualification

(3) If an individual does not give any answer or supply any details or explanation in compliance that has a prerequisite imposed below subsection (1) or portion 846 for The explanation that The solution, info or rationalization is just not in the person’s know-how or in the individual’s possession, the inspector may, by detect in producing, even further involve the person to validate, in the time specified in that even more need, that purpose and simple fact by a statutory declaration. (4) A statutory declaration mentioned in subsection (2) or (three) can be taken because of the inspector. Area: 849 Inspector may possibly training powers in relation to related overall body corporate

L.N. 163 of 2013 03/03/2014 (one) The Registrar must make the Companies Register accessible for public inspection at all realistic situations in order to empower any member of the public— (a) to confirm whether or not the member of the public is handling— (i) a company to which this subsection applies, or its administrators or other officers, in matters of or linked with any act of your company; (ii) a director or other officers of this kind of company in matters of or connected Along with the administration from the company, or of its residence; (iii) a person towards whom a disqualification buy is produced by a court;

On and following the commencement day* of area 308, a register of holders of debentures stored below part 74A on the predecessor Ordinance is to be viewed as a sign up of debenture holders held underneath section 308. 51. Notifying Registrar of location wherever sign-up of debenture holders is retained

(1) For that functions of the Ordinance, an undertaking is actually a subsidiary undertaking of One more enterprise if that other endeavor is actually a mum or dad endeavor of it. (two) For the needs of this Ordinance, an enterprise is additionally a subsidiary undertaking of One more enterprise if a dad or mum undertaking of This is a subsidiary endeavor of that other undertaking.

(three) Nonetheless, Every member may perhaps only ask for the company to circulate one particular such assertion with respect on the resolution. Section: 552 Company’s responsibility to flow into penned resolution proposed by customers

N. 163 of 2013 03/03/2014 (1) A company should hold during the English or Chinese language a sign up of company secretaries. (two) A company ought to enter while in the sign up of company secretaries the expected particulars specified in area 650 of the one that is, or people that are the company secretary or joint company secretaries on the company. (three) A company should continue to keep the sign-up of company secretaries at— (a) the company’s registered office; or (b) a prescribed put. (four) A company need to notify the Registrar on the location at which the sign up of company secretaries is held. The notice needs to be in the specified form and shipped to the Registrar for registration in just fifteen times after the register is initially retained at that area. (five) A company will have to notify the Registrar of any change (aside from a change with the tackle of your company’s registered office) in the area at which the register of company secretaries is held. The recognize needs to be in the specified variety and delivered to the Registrar for registration in fifteen times following the change. (6) Subsection (4) isn't going to need a company to inform the Registrar on the position at which the sign up of company secretaries is retained— (a) if, in the situation of a sign up that came into existence on or after the commencement date* of this portion, it has constantly been kept in the company’s registered Workplace; or (b) if— (i) promptly before that commencement day*, the company retained a sign up to the reasons of segment 158 of your predecessor Ordinance; and (ii) on and following that commencement date*, that register, in as far as it relates to the company secretary or joint company secretaries from the company, is kept for a sign up of company secretaries for the uses of subsection (one) at the put at which it absolutely was held straight away right before that commencement day*.

(1) This part relates to a charge if— (a) prior to section eighty two on the predecessor Ordinance was repealed, a non-Hong Kong company registered under Part XI from the predecessor Ordinance obtained any assets subject on the cost; and

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Cap 622 - Companies Ordinance 189 (b) give a assurance or provide safety in connection with a quasi-financial loan created by any person to this kind of director. (three) Despite subsection (2)— (a) a specified company may well enter into your transaction with only the prescribed approval of its associates In the event the Keeping company is incorporated exterior Hong Kong; and (b) a specified company may possibly enter into your transaction with just the prescribed acceptance of your holding company’s associates whether it is an entirely owned subsidiary with the holding company, and also the Keeping company is incorporated in Hong Kong. Segment: 502 Specified company should not make loan or quasi-personal loan and many others. to related entity

Part: 784 Charm in opposition to selection to serve recognize L.N. 163 of 2013 03/03/2014 Inside three weeks just after being served that has a observe underneath segment 780(one)(b) to get a corporate identify or for an authorized name in relation to the corporate title, a registered non-Hong Kong company may appeal to the executive Appeals Board from the decision to serve the recognize. Segment: 785 Change of accredited name L.N. 163 of 2013 03/03/2014 (1) A registered non-Hong Kong company may well utilize, in writing, for the Registrar for change of an accepted identify, in relation to a corporate title, beneath which the company is to carry on enterprise in Hong Kong. (two) An software should be delivered to the Registrar. (three) On getting an application for change of an authorized name, the Registrar should approve The brand new name Except pleased which the new identify— (a) is similar to or is simply too like— (i) a reputation that appears, or ought to have appeared, during the Index of Company Names; or (ii) the name formation company in latvia of a human body corporate incorporated or set up beneath an Ordinance; or (b) presents so deceptive an indication of the nature from the registered non-Hong Kong company’s actions in Hong Kong as for being prone to lead to damage to the general public. (four) When the Registrar approves a whole new name, the registered non-Hong Kong company may perhaps produce into the Registrar for registration a return, in the specified type, specifying The brand new identify so accredited. (5) On receiving a return, the Registrar need to, unless glad that the new title specified in it really is similar to a reputation that appears, or must have appeared, in the Index of Company Names— (a) enter The brand new name in the businesses Register because the name, in relation for the corporate name, below which the registered non-Hong Kong company is to hold on enterprise in Hong Kong; (b) generate a note in the businesses Sign up on the effect that there's a change of approved identify;

(two) The document or information and facts is sent or equipped to that other human being for the purposes of an applicable provision In the event the document or information is sent or equipped— (a) by hand to that other man or woman; or (b) by hand or by publish to an deal with laid out in portion 825. (three) With the needs of the applicable provision that authorizes or calls for the doc or facts to be authenticated, the doc or information and facts is sufficiently authenticated if it is signed by a director or company secretary from the company or by an officer with the company approved for your reason. (4) In case the doc or information is sent or equipped by anyone on behalf of your company to another company, subsection (3) doesn't have an effect on any provision of that other company’s content articles underneath which that other company could call for sensible proof of the individual’s authority to act on behalf from the company for which the doc or info is distributed or provided. (five) When the document or information and facts is sent or equipped to that other particular person for your needs of an relevant provision, it is being regarded as staying obtained by that other particular person— (a) wherever the doc or info is sent or provided by post, at the time specified in area 824, Until the Opposite is proved; or (b) where the doc or information is sent or provided by hand, at the time once the document or info is shipped. Portion: 833 Communication by means of Internet site L.N. 163 of 2013 03/03/2014 (1) Matter to subsection (2), this area applies if a document or data is distributed or equipped by a company to a different particular person by which makes it readily available on an internet site. (two) This part does not use In the event the doc or data is distributed or provided by a member of the company into the company. (three) The document or info is distributed or equipped to that other human being with the applications of the applicable provision if— (a) that other individual— (i) has agreed, generally or specially, that the document or details could be despatched or supplied through the

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L.N. 163 of 2013 03/03/2014 (one) A member of the repurchasing company could, on or before the day on which observe of an authorizing Conference of the company is specified, give see to every other member of your company which the member will likely not tender any shares held because of the member being acquired again via the company under the general provide. (2) A non-tendering member will not be entitled to tender any shares held through the member to get purchased back again with the repurchasing company below the overall offer whether or not that provide extends to People shares.

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