5 Simple Statements About hong kong company secretary checklist (2nd edition) Explained
Remarks: Not yet in operation (1) Irrespective of section 54(two)(a), the Registrar may possibly generate a shielded handle accessible for community inspection in accordance with portion 56 if— (a) communications sent because of the Registrar towards the director, and necessitating a reaction within a specified interval, remain unanswered; or (b) there is evidence which the service of documents because of the Registrar for the relevant correspondence handle from the director isn't productive to carry them towards the notice of the director.
(4) In case the buy from the Court involves the company not to make any, or any specified, alteration to its articles or blog posts, the company does not have electrical power to produce any this kind of alteration with out depart of the Court. (five) The powers with the Court docket below this segment do not Restrict its powers below portion 287.
(seven) A recognize of intent ceases to obtain outcome if the one who gave the observe— (a) is no longer a member on the company; or (b) revokes the detect by providing the company a published observe of revocation. (eight) If a member or opportunity member would not provide the company a see of intent in reaction to the notification before the 1st date on which a duplicate with the reporting documents to the economic yr is distributed to your member less than segment 430, the member or probable member is always to be considered to be— (a) obtaining asked for a replica in the summary monetary report to the economical 12 months and every subsequent fiscal calendar year; and (b) owning asked for the summary economical report back to be sent through the company in hard copy type. (nine) Subsection (8) ceases to get result in relation to an individual if— (a) the person is now not a member of the company; or (b) the individual presents the company a prepared recognize of cessation of statutory election.
L.N. 163 of 2013 03/03/2014 (1) If a registered non-Hong Kong company is served by using a see underneath section 780(1) for your corporate title or for an authorized title in relation into a corporate name, the company may possibly use, in creating, to the Registrar for acceptance of Yet another title, in relation to your corporate name, less than which the company is to carry on company in Hong Kong. (2) An application need to be delivered to the Registrar. (three) On receiving an application for approval of a reputation, the Registrar must approve the identify Until content that the identify— (a) is the same as or is just too like— (i) a name that seems, or should have appeared, in the Index of Company Names; or (ii) the name of the physique corporate incorporated or proven underneath an Ordinance; or (b) gives so misleading a sign of the character from the registered non-Hong Kong company’s functions in Hong Kong as to generally be very likely to result in hurt to the general public.
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(four) Should the duplicate or memorandum is held at a place apart from the company’s registered Business office, the company will have to notify the Registrar in the place, or any change during the position, at which the duplicate or memorandum is kept. The see have to be in the required variety and delivered to the Registrar for registration inside fifteen times once the duplicate or memorandum is very first held at that put or in 15 days after the change (as the situation could be). (5) If a company contravenes subsection (2) or (three), the company, and every responsible man or woman on the company, commit an offence, and each is liable into a fantastic at stage three. (6) If a company contravenes subsection (4), the company, and each responsible individual of the company, dedicate an offence, and every is liable to your wonderful at level three and, in the situation of the continuing offence, company formation uk to a further wonderful of $300 for daily throughout which the offence continues.
(three) We retain and update your company's Sign up of customers, Sign-up of directors and Sign-up of company secretary
leg. C), as in power quickly just before its repeal, proceeds to apply in relation to your petition to confirm an alteration within a memorandum offered under area 8 of the predecessor Ordinance having a continuing influence under subsection (1). 7. Alteration of selected conditions of memorandum of association
(two) In this particular Division— (a) a reference to somebody incurring a liability includes the person modifying their fiscal position by producing an arrangement or arrangement (regardless of whether enforceable or unenforceable, and irrespective of whether produced on the individual’s have account or with some other man or woman) or by any other signifies; and
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5. In the case of a company that retains a department sign up of users in accordance with portion 636(1), the particulars of the entries in that sign-up needn't be included in the annual return if copies of All those entries have not been received on the registered Office environment of your company. Those particulars will have to, so far as they relate to issues which are needed to be contained from the once-a-year return, be included in the following annual return right after copies of Individuals entries are obtained within the registered office in the company. Section two
(four) With the reasons of subsection (1)(a), a failure to make a recognize accessible over a company’s Web page through a period mentioned in that subsection will be to be disregarded if— (a) the discover is built offered on the website for Component of that period; and (b) the failure is wholly attributable to conditions that it wouldn't be affordable to acquire expected the company to avoid or stay clear of. Part: 166 General public recognize of problem of latest certificate L.N. 163 of 2013 03/03/2014 (1) A mentioned company that problems a different certification will have to— (a) publish a notice in the specified sort in accordance using this type of section; and (b) provide a replica on the notice for the regarded exchange company that operates the inventory marketplace on which the shares concerned are shown inside 14 days once the date of concern. (2) The recognize have to be published by rendering it out there over the mentioned company’s website all through a duration of a minimum of seven days beginning over a date falling in 14 times following the date of problem. (three) When the detailed company was demanded by part 164(two)(b) to publish a recognize while in the Gazette of its intention to concern the new certification, the discover under this segment ought to even be printed during the Gazette inside 14 days following the date of challenge. (four) For the uses of subsection (two), a failure to produce a see offered with a listed company’s Web page throughout a period described in that subsection should be to be disregarded if— (a) the see is designed accessible on the website for Element of that time period; and (b) the failure is wholly attributable to situation that it wouldn't be affordable to acquire expected the company to avoid or stay clear of. (5) If a shown company contravenes this portion, the company, and every accountable particular person of the company, dedicate an offence, and each is liable into a good at level three and, in the case of a continuing offence, to a further good of $three hundred for every day in the course of which the offence continues.
Hong Kong organizations are lawfully required to keep their statutory guides current. They must even be saved within a protected electronic or physical site and become produced readily available for inspection by the general public if desired.
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