EVERYTHING ABOUT HONG KONG COMPANY SECRETARY CHECKLIST (2ND EDITION)

Everything about hong kong company secretary checklist (2nd edition)

Everything about hong kong company secretary checklist (2nd edition)

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(two) The Court docket might make any buy that it thinks in good shape, together with an get as to costs. (3) When the Courtroom helps make an get regarding costs against the Registrar under subsection (2), the costs are payable out of the general revenue, plus the Registrar isn't Individually answerable for the costs. Section: 38 Certain period of time for being disregarded for calculating daily penalty for failure to deliver doc to Registrar

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(two) Matter to subsection (three) and another provisions of this Ordinance, a company may possibly only change its posts by Particular resolution. (three) An alteration in content articles to the most variety of shares which the company might challenge may very well be made by everyday resolution. (4) Issue to this Ordinance, an alteration created in accordance with this section is as legitimate as In case the alteration were being originally contained inside the articles or blog posts. (5) In just fifteen times once the date on which an alteration can take impact, the company should deliver to your Registrar for registration— (a) a see of the alteration in the required type; and (b) a copy, Licensed by an officer from the company as suitable, on the articles as altered. (6) If a company contravenes subsection (five), the company, and each dependable individual in the company, commit an offence, and each is liable into a wonderful at degree three and, in the situation of a continuing offence, to an extra good of $three hundred for every day through which the offence continues. Part: 89 Alteration of company’s objects L.N. 163 of 2013 03/03/2014 (one) This section relates to an alteration of the objects of the company as mentioned while in the company’s content. (2) The company might, by Unique resolution of which discover continues to be given to every one of the associates of the company (like users that are not entitled to this kind of recognize under the company’s article content), change the objects by— (a) abandoning or proscribing any from the objects; or (b) adopting any new object that could lawfully happen to be contained— (i) in the case of a company shaped and registered beneath this Ordinance, from the company’s content articles when the articles were being registered; or

Cap 622 - Businesses Ordinance 290 (ii) a whole new Chinese name that contains the Chinese figures “公司註冊編號” as its prefix, followed by the registration amount of the company as mentioned from the certificate of incorporation. (three) The Registrar will have to enter the new title in the Companies Sign up in place of the previous identify. (four) The change of title has influence in the day on which the new title is entered in the Companies Sign up. (five) Inside of 30 days once the date of getting into the new title in the businesses Sign-up, the Registrar— (a) will have to notify the company in creating of— (i) The point that the identify in the company has been changed; (ii) the new title; and (iii) the day on which the change normally takes effect less than subsection (three); and (b) ought to publish a see of that point, the new name Which date while in the Gazette. (6) A change of identify below this area isn't going to have an impact on any legal rights or obligations in the company or render defective any legal proceedings by or against it. Any authorized proceedings that might have been commenced or ongoing by or from it by its previous identify may very well be commenced or continued by or versus it by its new title. Segment: 773 Impact of restoration on bona vacantia property or right L.N. 163 of 2013 03/03/2014 (one) The Government may perhaps get rid of or otherwise handle any property or correct vested in it less than part 752(1), or an interest from the residence or suitable, in a similar way as it might get rid of or normally handle almost every other home or appropriate vested in it as bona vacantia, Despite the fact that the company could be restored to the Companies Register underneath this Division or section 290 of the businesses (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32).

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The company secretary is really a company agent who'll report back to the Companies Registry any change during the construction of a company and its important personnel knowledge (i.e. its directors and shareholders).

For example, the company secretary really should update the shareholders’ and directors’ registers every time a company director is eliminated or added. They're going to also update other changes like changes in company’s share money and change in registered Business office tackle.

(one) This part applies if, at the end of a financial 12 months, a company could be the subsidiary of A different enterprise. (two) The company’s money statements to the financial 12 months will have to comprise, within the notes to your statements— (a) the identify on the enterprise regarded by the administrators as currently being the company’s ultimate father or mother undertaking; and (b) the subsequent info regarding that enterprise as recognized to the administrators— (i) if that endeavor is actually a overall body corporate, the region by which it truly is incorporated; (ii) if that undertaking is not really a entire body corporate, the tackle of its principal put of enterprise. four. Compliance with relevant accounting criteria

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(three) A letter should be tackled— (a) to a licensed consultant from the registered non-Hong Kong company whose required particulars are shown in the businesses Sign up; or (b) if no expected information of authorized Reps of your company are revealed in the businesses Sign-up, to anywhere of business enterprise proven through the company in Hong Kong. (four) The Registrar isn't necessary to send a letter to the registered non-Hong Kong company beneath subsection (2)(a) if the Registrar is on the opinion which the letter is unlikely to get obtained through the company. Portion: 798 Registrar may strike off registered non-Hong Kong company’s name

(three) A company will not be needed to deliver a observe beneath this portion in relation to an alteration of share funds involving an allotment of shares. Notice— For an allotment of shares, section 142 needs a company to deliver a return from the allotment into the Registrar for registration. (four) If a company contravenes subsection (one), the company, and each liable individual of the company, commit an offence, and each is liable into a great at stage 4 and, in the situation of the continuing offence, to a further fine of $seven-hundred for every single day all through which the offence proceeds. Section: 172 Redenomination of share money L.N. 163 of 2013 03/03/2014 (1) A constrained company might, by resolution on the company, transform its share cash or any class of shares from just one currency to a different forex. This is named a redenomination. (2) A resolution under this part could authorize a minimal company to redenominate its share capital— (a) on more than one situation; (b) in a specified time or in specified instances. (three) A redenomination doesn't have an effect on any legal rights or obligations of customers under the company’s articles, or any limits impacting users under the company’s article content. (4) Specifically, it does not have an affect on any entitlement to dividends (which include entitlement to dividends in a particular currency), voting rights or legal responsibility in respect of quantities remaining unpaid on shares (such as legal responsibility in a particular forex). (five) For the uses of the part, the company’s article content include things like the conditions on which any shares within the company are allotted or held. (6) A constrained company’s posts could exclude or limit the training of a power conferred by this part.

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L.N. 163 of 2013 03/03/2014 (one) Somebody commits an offence if the individual, with no realistic excuse, fails to comply with any need imposed on the individual underneath Subdivision 4. (2) Anyone commits an offence if the individual, with intent to defraud, fails to comply with any necessity imposed on the person under Subdivision four. (3) An officer or personnel of a company or body corporate on which a need is imposed under Subdivision four commits an offence Should the officer or staff, with intent to defraud, will cause or makes it possible for the company or entire body corporate to fail to adjust to the company secretary hong kong qualification prerequisite. (four) Anyone commits an offence if the individual— (a) in purported compliance with a need imposed on the person below Subdivision four— (i) generates any record or doc that is fake or misleading in a cloth certain; (ii) gives any facts or clarification that is fake or misleading in a fabric specific; or (iii) states or states everything that is fake or misleading in a cloth unique; and (b) knows that, or is reckless regarding whether or not, the history or document, the knowledge or rationalization, or the thing said or stated, is fake or misleading in a fabric specific.

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