5 Simple Statements About hong kong company secretary checklist (2nd edition) Explained
資訊及新聞公報 報告及諮詢文件 通告/指引 資料小冊子 演辭及相關資料 便覽與統計數字
Cap 622 - Businesses Ordinance 350 realizing the safety, it truly is exercisable only in accordance with that particular person’s Guidance; or (b) if— (i) the shares are held in connection with the granting of financial loans as Portion of regular company pursuits; and (ii) other than exactly where the appropriate is exercised for the purpose of preserving the value of the security or of realizing the safety, it truly is exercisable only in that particular person’s interests. (six) Subsections (3) and (five) do not demand a appropriate held by a father or mother undertaking for being viewed as staying held by any of its subsidiary undertakings.
On and after the commencement day* of area 308, a sign up of holders of debentures kept underneath part 74A of the predecessor Ordinance would be to be viewed as a sign-up of debenture holders retained less than area 308. fifty one. Notifying Registrar of place exactly where sign up of debenture holders is held
Most business people build businesses in Hong Kong mainly because of the favorable taxation system. Even so, it ought to be mentioned that Hong Kong enterprises should adhere to all tax rules. The company secretary sees to it the organization fulfills all tax obligations.
(6) Where by the offence is not really an offence constituted by a failure to carry out an act or matter— (a) no proceedings is going to be instituted against the individual in regard of that offence if, within the time period laid out in a recognize beneath subsection (1) or that period of time as extended below subsection (three), the person pays for the Registrar the amount laid out in the see; or (b) proceedings may be instituted against the person in regard of that offence if, in the period laid out in a recognize below subsection (one) or that interval as prolonged under subsection (three), the person hasn't compensated to your Registrar the quantity laid out in the detect. (7) The payment of the sum specified in a detect provided to somebody less than subsection (1) is to not be thought to be an admission by the person of any legal responsibility for your offence alleged in the observe to have already been dedicated by the person.
(8) A one who commits an offence underneath subsection (seven) is liable to your high-quality at level five and, in the case of a continuing offence, to an extra good of $1000 for day after day all through which the offence carries on. (9) A contravention of subsection (2) doesn't influence the validity of your debentures issued. (10) In this area, a reference to time in the generation of the charge is a reference to the time of execution of— (a) the instrument by reference to which the cost is supplied; or (b) if there isn't any these instrument, the very first debenture in the series. Portion: 342 Company or registered non-Hong Kong company will have to register particulars of commission and so on. in relation to debentures
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The legal responsibility of a shareholder for phone calls in regard of cash remaining unpaid on shares issued prior to the commencement day* of area a hundred thirty five (regardless of whether on account on the nominal price of the shares or by way of top quality) is just not impacted from the share ceasing to have a nominal worth. forty. References in contracts and other documents to par or nominal benefit
six. An once-a-year return less than area 662(one) will have to also incorporate the subsequent data in regard in the non-public company— (a) an announcement which the company hasn't— (i) Because the day of the final return; or (ii) in the case of a first return, For the reason that date from the incorporation with the company, issued any invitation to the public to subscribe for virtually any shares or debentures in the company; and (b) In case the annual return discloses the fact that the amount of members with the company exceeds 50, an announcement that the surplus consists wholly of persons who, below area eleven(two), are excluded from the calculation of the volume of users from the company. Element 3
(four) On this section— specified incumbent(指明在任人) usually means— (a) the person who is the final auditor with the company and whose expression of Business as auditor has expired; or (b) the individual whose expression of Business office as auditor will expire— (i) at the conclusion of the overall meeting; or (ii) at the end of the appointment period in relation into the fiscal year worried. Portion: 401 Copies of composed resolution for appointment needs to be sent to new and outdated auditors
(3) A closing report needs to be delivered to the Economic Secretary inside the time directed with the Monetary Secretary or, from the absence of directions, in an affordable time after it is prepared. (four) An inspector need to, inside of formation company law a reasonable time after the supply of the remaining report back to the Economical Secretary, produce to your Registrar for registration a recognize of that actuality in the required kind. Part: 857 Interim report or final report could address affairs of associated body corporate
Section: 292 Sure total to get considered realized profit or decline L.N. 163 of 2013 03/03/2014 (1) For the functions of the Component, a provision in addition to an sum laid out in subsection (two) is to be viewed as a realized decline. (two) The quantity is just one composed off or retained Through offering for a diminution in value of a hard and fast asset showing on the revaluation of— (a) every one of the company’s mounted property; or (b) most of the company’s fastened assets besides goodwill. (3) To the applications of subsection (2), any consideration by the administrators of the value at a certain time of a hard and fast asset would be to be viewed as a revaluation of your asset if— (a) in the case of a shown company, the ailments laid out in subsection (four)(a) and (b) are happy; or (b) in the case of some other company— (i) wherever the referential financial statements will be the money statements laid out in portion 304, the conditions specified in subsection (4)(a) and (b) are contented; or (ii) where by the referential financial statements would be the fiscal statements specified in area 305 or 306, the affliction laid out in subsection (4)(a) is happy. (4) The circumstances are— (a) that the directors are contented which the aggregate value At the moment of your company’s fixed belongings is not really fewer than the combination sum at which These are In the interim said inside the monetary statements; and (b) that it is said inside a note into the referential money statements that— (i) the directors have thought of the worth from the company’s fastened property with out actually revaluing them; (ii) the directors are satisfied the aggregate price at the time of thing to consider of Individuals property is or wasn't below the combination total at which They are really or had been In the interim mentioned while in the financial statements; and (iii) accordingly, by advantage of this subsection, quantities are stated while in the referential monetary statements on
L.N. 163 of 2013 03/03/2014 (1) If the condition laid out in subsection (two) is happy, a company is not prohibited by part 500, 501, 502 or 503 from getting into into any transaction— (a) to provide a director of your company or of a Keeping company on the company with funds to fulfill expenditure incurred or for being incurred through the director in Placing up a defence in an investigation, or from any action taken or proposed being taken, by a regulatory authority in connection with any alleged misconduct from the director in relation into the company or an affiliated company in the company; or (b) to allow this type of director in order to avoid incurring this sort of expenditure. (two) The issue would be that the transaction in problem is entered into within the conditions— (a) that the resources are for being repaid, or any legal responsibility with the company incurred in relation to that transaction is always to be discharged, if the director is present in the investigation or motion to have dedicated the misconduct; and (b) which the cash are to get so repaid, or this sort of liability should be to be so discharged, not later on than the date if the finding will become last.
Part 317 applies to debentures or debenture stock allotted on or once the commencement day* of that part. 58. Challenge of debenture or certificate for debenture inventory on allotment