The 2-Minute Rule for company secretary hong kong requirements
(6) A press release from the particulars of a specified charge— (a) need to be in the desired variety; and (b) should be accompanied because of the prescribed fee. (7) If an individual thinking about a specified demand pays into the Registrar any prescribed cost for your registration of a statement on the particulars of your cost, the price is recoverable through the company producing the charge. (eight) If a specified cost is established in Hong Kong and comprises residence situate outside the house Hong Kong, a Accredited copy of the instrument generating or purporting to generate the charge may very well be shipped to the Registrar for registration below subsection (one), (2) or (3) Regardless that further proceedings might be necessary to make that cost legitimate or effectual based on the law with the spot during which the house is situate. Area: 336 Registered non-Hong Kong company ought to sign-up specified charge designed by it
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Cap 622 - Businesses Ordinance 159 Segment: 427 Courtroom may possibly get assertion of situations never to be despatched L.N. 163 of 2013 03/03/2014 (1) This section applies if an application has actually been made below section 426(1)(b) or (three) in relation to a statement of circumstances offered by someone into a company. (two) Should the Court docket is contented that the individual has abused the use of the assertion of instances or is using the assertion to protected Useless publicity for defamatory make any difference, the Court docket— (a) need to immediate that copies with the assertion are not to generally be sent less than segment 426(one)(a); and (b) may perhaps get the person, while not a party to the application, to pay for the applicant’s costs on the appliance in entire or in part. (3) If your Court gives Instructions beneath subsection (two)(a), the company must, inside of fifteen days beginning on the date on which the Instructions are provided— (a) send a observe placing out the effect on the Instructions to— (i) just about every member on the company; and (ii) Unless of course already named as a party into the proceedings, the one that has supplied the assertion of instances on the company; and (b) supply a replica of your observe towards the Registrar for registration. (4) Should the Court decides not to grant the application, the company will have to, within just 15 days beginning around the day on which the choice is designed or on which the proceedings are discontinued for almost any explanation— (a) give recognize of the choice to the one that has presented the statement of conditions towards the company; and (b) mail a copy from the assertion of conditions to every member in the company and to that man or woman.
(4) If a registered non-Hong Kong company contravenes subsection (1), the company, each individual accountable person in the company, and every agent with the company who authorizes or permits the contravention, dedicate an offence, and each is liable into a good at amount three and, in the case of the continuing offence, to an additional good of $300 for on a daily basis for the duration of which the offence continues. Part: 795 Approved consultant of registered non-Hong Kong company must notify Registrar of dissolution
(two) Within this area— kids(子女) contains phase-kids, illegitimate little ones and kids adopted in almost any way recognized because of the law of Hong Kong; employee share plan(僱員參股計劃) implies a plan for encouraging or facilitating the holding of shares in a very company by or for the benefit of— (a) persons employed or previously employed in excellent faith by that company or A further company in the identical team of corporations; or (b) spouses, widows, widowers, or small small children of individuals referred to in paragraph (a); slight youngsters(未成年子女) suggests youngsters who will be underneath 18 many years of age. Part: 281 Exception for loans to staff members L.N. 163 of 2013 03/03/2014 (one) Topic to segment 282, this Division will not prohibit the building by a company of financial loans to its qualified personnel for the goal of enabling them to amass completely compensated shares within the company or its holding company to become held by them By the use of valuable possession. (2) During this portion— kid(子女) features a stage-baby, an illegitimate child and a youngster adopted in any fashion identified from the legislation of Hong Kong; suitable workers(合資格的僱員), in relation to your company, suggests individuals employed in very good faith because of the company, in addition to—
Part 86 with the predecessor Ordinance, as in pressure instantly ahead of its repeal— (a) proceeds to use in relation to an software produced by a company, or anyone fascinated, ahead of the commencement day* of sections 346 and 347 for your functions of that section 86; and (b) carries on to apply, by advantage of part ninety one of the predecessor Ordinance as so in pressure, in relation to an software produced by a non-Hong Kong company registered below Aspect XI with the predecessor Ordinance, or anyone interested, right before that commencement day* for your purposes of that portion 86. 71. Observe to Registrar of appointment of receiver or supervisor and so on.
Cap 622 - Companies Ordinance 183 (2) For that purposes of the Division, a body corporate is to not be considered to be a shadow director of any of its subsidiaries by rationale only that the directors, or perhaps a the greater part of the directors, of the subsidiary are accustomed to act in accordance with its directions or Recommendations. Portion: 492 Human body corporate managed by director L.N. 163 of 2013 03/03/2014 (1) For the needs of this Division, a physique corporate is managed by a director if— (a) the director is entitled to exercising, or Manage the physical exercise of, more than 50% in the voting ability at any standard Assembly of that physique corporate; or (b) the directors, or simply a the vast majority of the directors, of that physique corporate are accustomed to act in accordance with the Instructions or Guidance of your director. (2) In subsection (one), a reference to voting electric power the exercising of which is controlled by a director features voting ability the workout of that is managed by Yet another overall body corporate In the event the director is entitled to exercising, or control the workout of, a lot more than fifty% of your voting ability at any normal Assembly of that other human body corporate. Part: 493 Quasi-bank loan L.N. 163 of 2013 03/03/2014 (one) For your needs of this Division, anyone can make a quasiloan to the director or an entity connected which has a director if the person— (a) agrees to pay, or pays normally than pursuant to an settlement, a sum for that director or connected entity— (i) on conditions which the director or related entity (or An additional person on behalf on the director or connected entity) will reimburse the individual; or (ii) in situations supplying rise to some liability within the director or connected entity to reimburse the individual; or (b) agrees to reimburse, or reimburses usually than pursuant to an arrangement, expenditure incurred by A different human being for your director or related entity— (i) on terms which the director or linked entity (or another human being on behalf with the director or connected entity) will reimburse the individual; or (ii) in conditions providing increase into a legal responsibility on the director or connected entity to reimburse the individual.
Cap 622 - Corporations Ordinance one hundred sixty (i) was billed Together with the duty of ensuring that subsection (1) was complied with; and (ii) was able to discharge that responsibility; and (b) It's not at all a defence to determine which the economic statements or report wasn't the truth is ready as essential by this Ordinance. Section: 430 Company must deliver copies of economic statements etc. to associates ahead of normal meeting
L.N. 163 of 2013 03/03/2014 (1) If, every time a administrators’ report ready by the directors of the company is authorized in accordance with portion 391, a permitted indemnity provision (no matter whether produced by the company or if not) is in drive for the advantage of one or more directors of the company, the report need to point out which the provision is in power. (2) If, at any time during the monetary year to which a directors’ report ready by the administrators of the company relates, a permitted indemnity provision (no matter if produced by the company or usually) was in force for the benefit of one or more people who had been then directors of the company, the report will have to condition that the provision was in drive. (three) If, any time a directors’ report prepared by the administrators of the company is authorised in accordance with area 391, a permitted indemnity provision created by the company is in pressure for the benefit of a number of directors of an related company with the company, the report ought to condition the provision is in power.
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L.N. 163 of 2013 03/03/2014 (1) A member of a repurchasing company could, on or before the date on which recognize of an authorizing Assembly in the company is presented, give detect to each other member with the company which the member will not likely tender any shares held from the member to become purchased back again because of the company less than the final provide. (two) A non-tendering member is not really entitled to tender any shares held because of the member for being acquired back again through the repurchasing company below the general give even though that provide extends to All those shares.
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