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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A Hong Kong company secretary’s duties and tasks are numerous. It ranges from administrative to administration functions. The next are several of the Main responsibilities from the corporate secretary:

Cap 622 - Organizations Ordinance 210 (a) a resolution eliminating an auditor prior to the end of your auditor’s term of Business office; or (b) a resolution eradicating a director before the end with the director’s time period of Workplace.

Sections ninety and 348C(3) with the predecessor Ordinance, as in pressure instantly prior to their repeal— (a) go on to use in relation to some ask for gained by a company prior to the commencement date* of area 355 for inspecting a register of rates or copies of instruments creating a charge; and

A company secretary is surely an personnel who's drastically vital into the corporate governance, administration, and way of a company.

Be aware— Paragraph (b) of the proviso to segment 57 with the predecessor Ordinance requires the sanction of the courtroom for being received ahead of the payment is produced. 34. Aid from share funds requirements

L.N. 163 of 2013 03/03/2014 (one) With no prescribed approval of its customers, a company should not generate a payment for loss of Workplace to the director or previous director of your company. (two) Without the prescribed approval of its customers and also the prescribed acceptance on the holding company’s users, a company have to not make a payment for lack of Office environment to some director or former director of the Keeping company in the company. (3) Inspite of subsection (two)— (a) a company could enter to the transaction with just the prescribed approval of its customers When the Keeping company is incorporated outdoors Hong Kong; and (b) a company might enter into your transaction with only the prescribed approval with the holding company’s associates if it is a completely owned subsidiary from the Keeping company, as well as Keeping company is incorporated in Hong Kong.

leg. C), as in pressure immediately before its repeal, continues to use in relation to some petition to verify an alteration within a memorandum introduced beneath section 8 from the predecessor Ordinance getting a continuing outcome beneath subsection (one). seven. Alteration of specific disorders of memorandum of association

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Section: 784 Enchantment in opposition to selection to provide notice L.N. 163 of 2013 03/03/2014 In 3 weeks soon after remaining served using a see beneath portion 780(1)(b) for just a corporate identify or for an approved identify in relation to the corporate name, a registered non-Hong Kong company may perhaps appeal to the executive Appeals Board from the decision to provide the observe. Segment: 785 Change of permitted title L.N. 163 of 2013 03/03/2014 (1) A registered non-Hong Kong company might implement, in composing, to your Registrar for change of an permitted title, in relation into a corporate identify, underneath which the company is to carry on business enterprise in Hong Kong. (2) An application needs to be delivered to the Registrar. (three) On acquiring an software for change of an authorised name, the Registrar will have to approve the new identify Except if content which the new title— (a) is similar to or is simply too like— (i) a name that seems, or must have appeared, from the Index of Company Names; or (ii) the title of the overall body corporate incorporated or established less than an Ordinance; or (b) gives so misleading an indication of the nature of your registered non-Hong Kong company’s things to do in Hong Kong as to be prone to cause harm to the general public. (4) If the Registrar approves a completely new identify, the registered non-Hong Kong company might deliver towards the Registrar for registration a return, in the desired type, specifying the new identify so authorized. (five) On receiving a return, the Registrar will have to, Except pleased that the new name laid out in it truly is the same as a name that appears, or must have appeared, during the Index of Company Names— (a) enter The brand new title in the businesses Sign-up as being the name, in relation into the corporate identify, below which the registered non-Hong Kong company is to carry on company in Hong Kong; (b) generate a Observe in the businesses Sign-up to your effect that there is a change of permitted identify;

The various maintenance issues a company secretary handles aren't complicated. However, there are numerous deadlines and facts to take into consideration when getting ready documentation for filing and when creating updates company formations 247 to company data.

Cap 622 - Organizations Ordinance 99 written off in a discount or reorganization of funds; or (b) some other reserve the company is prohibited from distributing by an Ordinance (apart from this Component) or by its articles or blog posts. (two) In paragraph (a) with the definition of undistributable reserves in subsection (1), a reference to capitalization excludes a transfer of profits in the company to its cash redemption reserve on or just after one September 1991. (3) Within this Portion— (a) a reference to earnings of any specific description is actually a reference to gains of that description produced at any time; and (b) a reference to losses of any certain description is usually a reference to losses of that description made at any time. (4) With the reasons of the Component, any economical statements are referential money statements When the distribution in dilemma is designed pursuant to determinations created by reference to fiscal things as said inside the financial statements less than area 302. Area: 291 Realized income and losses L.N. 163 of 2013 03/03/2014 (1) In this Aspect, a reference to recognized income or recognized losses of the company is usually a reference to those revenue or losses of your company which might be considered realized income or recognized losses for the purpose of any financial statements ready by the administrators in accordance with rules typically accepted, at the time in the event the monetary statements are prepared, with regard to your perseverance for accounting uses of understood revenue or realized losses. (two) Subsection (1) does not influence any particular provision (whether in an Ordinance or or else) below which profits or losses of any description are regarded as understood. (3) If, just after generating all sensible enquiries, a company’s directors are not able to determine whether a particular profit or decline designed in advance of 1 September 1991 is understood, they may treat the profit as recognized, as well as loss as unrealized, for the functions of the Element.

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Part 351B with the predecessor Ordinance, as in power immediately just before its repeal, carries on to apply in relation to an application produced before the commencement day* of section 897 to the applications of that section.

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