company secretary qualification hong kong Secrets

company secretary qualification hong kong Secrets

Blog Article

Cap 622 - Companies Ordinance 103 (four) The payment is— (a) a payment produced by the company in regard on the invest in-back through the company of shares in alone (besides a payment lawfully made otherwise than out of distributable profits); or (b) a payment produced by the company of any description specified in area 257(five) (other than a payment lawfully designed normally than away from distributable gains). (five) On this section— liabilities(負債) has the that means provided by section 274(1); net property(淨資產), in relation to a company that gives any monetary help, implies the amount by which the aggregate on the company’s belongings exceeds the aggregate of its liabilities (taking the quantity of both of those property and liabilities to be as said during the company’s accounting data straight away prior to the economical guidance is supplied); Internet liabilities(淨負債), in relation to the company that offers any financial aid, signifies the amount by which the mixture of your company’s liabilities exceeds the mixture of its property (taking the amount of both belongings and liabilities for being as stated from the company’s accounting information immediately ahead of the financial guidance is presented).

(four) Before publishing a recognize below this section, the company will have to— (a) provide a copy in the observe on the identified exchange company that operates the stock industry on which the shares worried are listed; and (b) obtain a certificate from an authorized officer of that exchange company which the copy is being exhibited in accordance with subsection (5). (five) A regarded exchange company need to show a duplicate of the notice received under subsection (4)(a) in a conspicuous location to the premises on which the stock market place operates or make the detect accessible on its official Internet site for a duration of not less than— (a) 1 thirty day period, to get a see that's not required to be published underneath subsection (two)(b); or (b) 3 months, to get a discover that is needed to generally be posted below subsection (two)(b). (six) For that needs of subsection (5), a failure to make a copy of the notice obtainable on an exchange company’s official Site through a period of time mentioned in that subsection is usually to be disregarded if— (a) the observe is produced readily available on the website for Component of that period; and (b) the failure is wholly attributable to situation that it wouldn't be sensible to get anticipated that exchange company to circumvent or keep away from. (7) If the application was made by an eligible individual who is not the registered holder on the shares and does not have the registered holder’s consent to produce the appliance, the stated company— (a) need to provide a duplicate of your recognize underneath this portion to the registered holder by sending it by registered post to your registered holder’s previous tackle showing up from the sign up of associates of the company; and (b) have to not publish the recognize less than this part until eventually a minimum of three months following the working day on which the copy was served. (8) With this portion—

(4) A resolution beneath subsection (1)— (a) isn't to get effect with the economical 12 months in respect of which the period specified in segment 610 for holding an yearly general Assembly from the company has expired; and (b) doesn't have an affect on any liability previously incurred by purpose of default in Keeping an annual general Conference. (5) If an once-a-year general Conference might be needed to be held in regard of the fiscal year but for this part, along with the Conference has not been held, any member in the company may perhaps, by observe to your company not afterwards than 3 months ahead of the conclude of the period of time within just which the company could well be necessary to hold an yearly normal meeting in regard of that financial 12 months but for this area, require the Keeping of an yearly standard meeting in respect of that monetary calendar year. (six) A notice outlined in subsection (5) need to be given in challenging copy form or in electronic kind. (7) If a notice outlined in subsection (5) is supplied, segment 610 applies in regard on the fiscal yr to which the discover relates. Part: 614 Revocation of resolution dispensing with once-a-year normal meeting

Cap 622 - Businesses Ordinance 22 forty nine(1) because the correspondence tackle just isn't effective to convey them for the observe of your director, reserve director or company secretary in concern; or (ii) it is necessary or expedient with the withheld handle to get disclosed in connection with the enforcement of an get or decree of the courtroom; and (b) In the event the Court docket is satisfied that it is acceptable to make the buy. (2) The Courtroom may perhaps make an order for the disclosure from the Registrar of the withheld identification range— (a) if it's important or expedient for the number being disclosed in connection with the enforcement of the order or decree of the court; and (b) Should the Court docket is contented that it is suitable to create the buy.

(three) hong kong company secretary's practice manual However, Every member could only request the company to flow into a single this kind of assertion with regard to your resolution. Part: 552 Company’s obligation to circulate written resolution proposed by users

如何辦理新公司的註冊? 如何更改公司名稱? 交付文件的一般規定? 如何取得公司資料? 如何撤銷註冊不營運但有償債能力的公司? 《公司條例》規定的主要收費 放債人牌照

L.N. 163 of 2013 03/03/2014 (one) A shown company may perhaps get back its possess shares over a acknowledged stock market place or on an permitted inventory exchange In case the invest in-back is authorized ahead of time by resolution from the company. (2) The company must incorporate a memorandum in the phrases with the proposed obtain-back again Together with the observe of the proposed resolution. (three) A resolution authorizing a purchase-back beneath this area is valid for your time period expiring to the date of the subsequent annual typical meeting from the company, Which period could possibly be extended via the company at that annual normal Assembly until the day of the subsequent once-a-year basic Conference. (4) In this particular area— authorised inventory exchange(核准證券交易所) suggests a inventory exchange authorized to the purposes of this section by recognize released during the Gazette by— (a) the Fee; and (b) the identified exchange company that operates the regarded stock marketplace on which the shares anxious are shown.

Part: 335 Company ought to sign-up specified cost established by it L.N. 163 of 2013 03/03/2014 (one) A company ought to deliver a statement on the particulars of every specified cost designed from the company, together with a certified duplicate of your instrument (if any) producing or evidencing the demand, for the Registrar for registration throughout the registration period laid out in subsection (five)(a). (2) Wherever— (a) a specified demand established by a company— (i) is provided in the debenture forming Element of a sequence by reference to almost every other instrument made up of the demand (whether or not also contained within the debenture); or (ii) is contained in a debenture forming Component of a series (although not presented within the debenture by reference to some other instrument); and (b) each individual holder from the debentures in the sequence is entitled equally to the benefit of the demand, the company should be to be regarded as acquiring complied with subsection (1) in relation to the specified cost Should the

職位空缺

Portion: 784 Charm against choice to serve notice L.N. 163 of 2013 03/03/2014 Within three months after currently being served that has a see beneath part 780(1)(b) for a corporate title or for an accredited title in relation to a corporate identify, a registered non-Hong Kong company may attract the Administrative Appeals Board versus the decision to provide the see. Portion: 785 Change of authorised name L.N. 163 of 2013 03/03/2014 (one) A registered non-Hong Kong company may possibly apply, in composing, towards the Registrar for change of the authorized name, in relation into a corporate title, less than which the company is to carry on business enterprise in Hong Kong. (two) An software has to be sent to the Registrar. (3) On acquiring an application for change of an authorized identify, the Registrar ought to approve The brand new identify Until glad which the new title— (a) is similar to or is too like— (i) a name that seems, or ought to have appeared, in the Index of Company Names; or (ii) the identify of the human body corporate incorporated or set up less than an Ordinance; or (b) gives so misleading an indication of the character on the registered non-Hong Kong company’s things to do in Hong Kong as for being likely to result in hurt to the public. (4) If the Registrar approves a different title, the registered non-Hong Kong company may perhaps produce to the Registrar for registration a return, in the required form, specifying the new name so approved. (five) On acquiring a return, the Registrar ought to, Except contented which the new name specified 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 identify in the businesses Sign-up because the identify, in relation into the corporate title, below which the registered non-Hong Kong company is to hold on business enterprise in Hong Kong; (b) generate a Take note in the businesses Sign-up for the result that there's a change of permitted title;

Portion: 455 Nomination of reserve director of personal company L.N. 163 of 2013 03/03/2014 (one) If A non-public company has only one member and that member is the only real director from the company, the company may by a resolution passed in a typical Conference, In spite of everything in its articles, nominate a person (in addition to a overall body corporate) who may have attained the age of 18 years being a reserve director on the company to act from the location of the only real director inside the event of the only director’s Dying. (2) The nomination of a person being a reserve director of A non-public company ceases to possess outcome if— (a) prior to the Dying on the director in respect of whom the person was nominated— (i) the individual resigns as reserve director in accordance with part 464; or (ii) the company in a standard Conference revokes the nomination; or (b) the director in regard of whom the person was nominated ceases to get the only member and sole director with the company for any cause apart from the death of that director.

(three) A company just isn't needed to provide a see below this part in relation to an alteration of share money involving an allotment of shares. Observe— For an allotment of shares, part 142 demands a company to deliver a return of the allotment on the Registrar for registration. (4) If a company contravenes subsection (1), the company, and each responsible man or woman with the company, commit an offence, and each is liable to the fine at amount four and, in the case of the continuing offence, to a further great of $700 for daily throughout which the offence carries on. Portion: 172 Redenomination of share capital L.N. 163 of 2013 03/03/2014 (1) A restricted company may perhaps, by resolution with the company, change its share cash or any course of shares from one forex to a different forex. This is named a redenomination. (2) A resolution beneath this part may perhaps authorize a confined company to redenominate its share funds— (a) on multiple event; (b) at a specified time or in specified situations. (3) A redenomination does not impact any legal rights or obligations of associates under the company’s articles, or any restrictions impacting members underneath the company’s articles or blog posts. (4) Especially, it does not have an effect on any entitlement to dividends (such as entitlement to dividends in a selected currency), voting rights or legal responsibility in regard of amounts remaining unpaid on shares (including legal responsibility in a selected currency). (five) For your applications of this segment, the company’s content articles consist of the terms on which any shares in the company are allotted or held. (six) A minimal company’s article content might exclude or prohibit the exercising of an influence conferred by this segment.

It is additionally noteworthy that any small business which would not employ the service of a reliable company secretary is probably not detailed around the Stock Exchange.

This manual will assist you to, and you may use The great organization ecosystem of Hong Kong to create a company in Hong Kong swiftly.