5 EASY FACTS ABOUT COMPANY SECRETARY HONG KONG QUALIFICATION DESCRIBED

5 Easy Facts About company secretary hong kong qualification Described

5 Easy Facts About company secretary hong kong qualification Described

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L.N. 163 of 2013 03/03/2014 (one) If an individual is getting or proposing to amass shares inside a company, the company or any of its subsidiaries will have to not give fiscal guidance straight or indirectly for the objective of the acquisition prior to or at the same time as the acquisition takes area, besides as supplied by this Division. (2) If— (a) a person has obtained shares inside of a company; and (b) anyone has incurred a liability for the goal of the acquisition, the company or any of its subsidiaries ought to not give monetary aid specifically or indirectly for the purpose of minimizing or discharging the liability, except as furnished by this Division.

A Hong Kong company secretary’s duties and responsibilities are numerous. It ranges from administrative to management functions. The subsequent are a lot of the primary obligations in the corporate secretary:

(2) Subject to subsection (three) and another provisions of the Ordinance, a company may well only alter its content articles by Specific resolution. (three) An alteration in content articles to the utmost amount of shares which the company may concern may very well be created by everyday resolution. (four) Subject matter to this Ordinance, an alteration designed in accordance with this particular part is as valid as When the alteration had been originally contained in the content articles. (five) In just fifteen days once the date on which an alteration takes influence, the company need to provide to the Registrar for registration— (a) a recognize of your alteration in the specified sort; and (b) a copy, Licensed by an officer from the company as suitable, of your article content as altered. (6) If a company contravenes subsection (5), the company, and every dependable man or woman from the company, dedicate an offence, and each is liable to your great at stage 3 and, in the case of the continuing offence, to an extra fine of $300 for each day in the course of which the offence carries on. Portion: 89 Alteration of company’s objects L.N. 163 of 2013 03/03/2014 (1) This segment relates to an alteration from the objects of a company as stated during the company’s article content. (2) The company may well, by special resolution of which detect has long been given to each of the associates from the company (together with users that are not entitled to this kind of observe under the company’s content), change the objects by— (a) abandoning or restricting any from the objects; or (b) adopting any new object that can lawfully are actually contained— (i) in the situation of the company formed and registered beneath this Ordinance, from the company’s posts once the posts were registered; or

According to the company secretary necessity Hong Kong, a company secretary is usually recommended for being a member of HKCGI.

Cap 622 - Providers Ordinance 226 (ii) 3 months once the close of that accounting reference period of time, whichever may be the later; and (b) in the case of another company— (i) 6 months once the anniversary from the company’s incorporation; or (ii) three months after the end of that accounting reference time period, whichever is definitely the later on. (3) If a company has by a administrators’ resolution below segment 371 or possibly a observe sent to the Registrar below that part, shortened an accounting reference time period, the company must hold a normal Conference as its yearly general Assembly within the next period of time— (a) in the situation of a private company or maybe a company restricted by guarantee— (i) 9 months following the conclude of your shortened accounting reference period of time; or (ii) three months following the date of the administrators’ resolution, whichever is the later on; and (b) in the situation of another company— (i) 6 months once the conclusion of your shortened accounting reference period; or (ii) 3 months after the date of the administrators’ resolution, whichever will be the later. (4) A private company stated in subsections (one), (2) and (3) isn't going to include things like a private company that is certainly, at any time over the financial year, a subsidiary of the general public company. (five) If for just about any cause the Courtroom thinks match to do so, it may, on an software designed before the stop in the time period normally allowed for holding an once-a-year normal meeting in regard of the monetary year of the company, by purchase increase that period by a further period laid out in the get.

N. 163 of 2013 03/03/2014 (one) A company must maintain while in the English or Chinese language a sign-up of company secretaries. (2) A company need to enter during the sign up of company secretaries the demanded particulars specified in segment 650 of a one that is, or people that are the company secretary or joint company secretaries with the company. (three) A company have to maintain the register of company secretaries at— (a) the company’s registered Workplace; or (b) a prescribed put. (four) A company ought to notify the Registrar of the spot at which the sign-up of company secretaries is retained. The notice have to be in the desired variety and sent to the Registrar for registration in just fifteen days following the register is 1st retained at that area. (five) A company should notify the Registrar of any change (apart from a change from the tackle of your company’s registered office) within the place at which the sign up of company secretaries is held. The notice have to be in the required variety and sent to the Registrar for registration within fifteen times after the change. (six) Subsection (four) isn't going to need a company to notify the Registrar in the put at which the sign-up of company secretaries is kept— (a) if, in the situation of the sign up that came into existence on or after the commencement date* of the part, it's got constantly been saved on the company’s registered Business office; or (b) if— (i) instantly prior to that commencement date*, the company held a sign-up for that needs of part 158 in the predecessor Ordinance; and (ii) on and following that commencement day*, that register, in as far as it relates to the company secretary or joint company secretaries of your company, is kept as a register of company secretaries for your uses of subsection (1) at the spot at which it absolutely was retained promptly prior to that commencement day*.

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Section: 784 Enchantment from final decision to provide detect L.N. 163 of 2013 03/03/2014 In three months soon after being served that has a discover underneath part 780(1)(b) to get a corporate identify or for an authorized identify in relation to some corporate identify, a registered non-Hong Kong company might appeal to the executive Appeals Board versus the decision to provide the detect. Portion: 785 Change of approved identify L.N. 163 of 2013 03/03/2014 (one) A registered non-Hong Kong company may possibly apply, in crafting, to your Registrar for change of an approved identify, in relation into a corporate identify, less than which the company is to carry on small business in Hong Kong. (2) An software have to be delivered to the Registrar. (three) On receiving an software for change of the approved name, the Registrar must approve the new title unless satisfied which the new title— (a) is the same as or is just too like— (i) a reputation that appears, or ought to have appeared, inside the Index of Company Names; or (ii) the identify of a body corporate incorporated or recognized beneath an Ordinance; or (b) provides so deceptive an indication of the nature with the registered non-Hong Kong company’s actions in Hong Kong as to generally be prone to bring about harm to the public. (4) Should the Registrar approves a completely new identify, the registered non-Hong Kong company may provide to your Registrar for registration a return, in the required form, specifying the new name so permitted. (five) On getting a return, the Registrar must, Unless of course glad which the new identify laid out in it is the same as a name that appears, or must have appeared, during the Index of Company Names— (a) enter the new identify in the businesses Sign-up since the identify, in relation on the corporate title, under which the registered non-Hong Kong company is to hold on enterprise in Hong Kong; (b) produce a note in the Companies Sign-up to the result that there's a change of permitted title;

Cap 622 - Companies Ordinance 228 (2) A company ought to give notice of a resolution if it has obtained requests that it do this from— (a) the customers with the company representing a minimum of two.five% of the full voting legal rights of all the members that have a appropriate to vote to the resolution at the annual general Conference to which the requests relate; or (b) a minimum of fifty customers who definitely have a appropriate to vote within the resolution in the once-a-year typical Conference to which the requests relate.

Rising your pay out as being a Corporate Secretary is possible in various ways. Change of employer: Consider a vocation go to a whole new employer which is willing to pay bigger for your company formation uk skills. Amount of Schooling: Gaining Highly developed degrees may allow this function to increase their income possible and qualify for promotions.

(2) Unless the agreement is in composing, the company ought to be certain that— (a) the phrases from the contract are established out within a created memorandum inside of 15 times from the moving into into with the contract; and (b) the memorandum is saved with the position at which the publications containing the minutes of the administrators’ meetings are held. (three) If a company contravenes subsection (2), the company, and each dependable individual of your company, dedicate an offence, and every is liable to a high-quality at degree 3. (four) A contravention of subsection (2) in relation into a agreement does not have an impact on the validity in the deal. (five) This segment would not exclude the Procedure of every other Ordinance or rule of legislation implementing to contracts between a company and also a director of your company. (6) On this segment— director(董事) includes a shadow director. (7) For your needs of this area, a overall body corporate is never to be regarded as a shadow director of any of its subsidiaries by purpose only that the directors, or a vast majority of the directors, from the subsidiary are accustomed to act in accordance with its Instructions or Guidance. Portion: 546 Financial Secretary might amend particular sums or share figures

(1) The removing by an current company from its register of company secretaries on or following the commencement day* of part 650 of particulars expected because of the predecessor Ordinance but not needed by this Ordinance would not give increase to any obligation to deliver a detect towards the Registrar less than area 652.

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