5 Easy Facts About company secretary hong kong qualification Described

The only director of a private company can't even be the company secretary (i.e. one of the company’s directors is often the company secretary only if there is more than one director in place);

Cap 622 - Firms Ordinance 137 Segment: 371 Alteration of accounting reference date L.N. 163 of 2013 03/03/2014 (one) The directors of a company could specify a new accounting reference day in relation to— (a) the company’s present accounting reference interval and every subsequent accounting reference time period; or (b) the company’s previous accounting reference interval and every subsequent accounting reference period. (two) If the administrators of the general public company or possibly a company limited by assure specify a new accounting reference day beneath subsection (1), the company should, inside of 15 days after the day of the administrators’ resolution specifying The brand new accounting reference date, produce a recognize, in the required variety, of that new day on the Registrar for registration. (3) A directors’ resolution by which a whole new accounting reference day is specified, along with a observe of that new day shipped to the Registrar, need to state— (a) whether the current or prior accounting reference time period involved is to be shortened, to be able to stop on the main celebration on which the new accounting reference date falls or fell just after the beginning of that period of time; or (b) no matter if the current or prior accounting reference time period involved would be to be extended, in order to close on the 2nd celebration on which The brand new accounting reference date falls or fell right after the start of that time period. (four) The administrators of a company must not specify a fresh accounting reference date in relation to the former accounting reference time period if— (a) the time period for laying before the company usually meeting less than portion 429 a duplicate in the reporting files for the economical calendar year determined by reference to that accounting reference interval has expired; or (b) the period for sending a copy with the reporting paperwork for the economical calendar year on the customers less than section 430(3) has expired.

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(1) An present company needn't comply with any provision of the Ordinance requiring the company’s register of company secretaries to have particulars extra to All those required because of the predecessor Ordinance until eventually— (a) the day to which the company will make up its very first yearly return manufactured up to a date on or after the commencement day* of part 650; or (b) if the company fails to take action, the last date to which the company must have produced up that return. (2) Until the present company is actually a company fashioned and registered under a provision on the predecessor Ordinance having a continuing effect below this Program or by virtue of section 23 with the Interpretation and Common Clauses Ordinance (Cap one), subsection (1) won't apply in relation to the company secretary of whom particulars are 1st registered on or following the commencement date* of area 650 (whether the company secretary was appointed in advance of, on or following that day).

Cap 622 - Companies Ordinance 226 (ii) three months once the finish of that accounting reference interval, whichever could be the afterwards; and (b) in the case of any other company— (i) six months once the anniversary in the company’s incorporation; or (ii) 3 months after the finish of that accounting reference interval, whichever may be the afterwards. (3) If a company has by a administrators’ resolution underneath area 371 or simply a observe sent to the Registrar underneath that part, shortened an accounting reference time period, the company should hold a normal Assembly as its once-a-year general meeting in the subsequent period— (a) in the situation of a private company or a company constrained by warranty— (i) nine months once the conclude from the shortened accounting reference period of time; or (ii) three months following the date of the directors’ resolution, whichever could be the later; and (b) in the case of every other company— (i) 6 months following the close from the shortened accounting reference time period; or (ii) 3 months once the date of the administrators’ resolution, whichever is definitely the afterwards. (four) A personal company stated in subsections (one), (2) and (3) would not involve A non-public company that is, at any time in the fiscal calendar year, a subsidiary of the community company. (five) If for virtually any cause the Court docket thinks fit to take action, it could, on an application created prior to the finish from the period of time if not authorized for Keeping an once-a-year normal Assembly in respect of the economic calendar year of a company, by purchase increase that period of time by an additional period laid out in the purchase.

Corporations based in Hong Kong are needed to Have a very company secretary to sign up a business. Company secretaries are liable for reporting changes to the company's statutory details and publications, filing returns and trying to keep records up-to-date.

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If your company secretary is often a organic person, she or he need to be a resident in Hong Kong (long lasting or otherwise);

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Section: 469 Permitted indemnity provision L.N. 163 of 2013 03/03/2014 (1) Area 468(3) won't utilize to your provision for indemnity in opposition to legal responsibility incurred via the director to your third party In the event the requirements laid out in subsection (2) are fulfilled in relation to the provision. (2) The provision will have to not deliver any indemnity from— (a) any legal responsibility in the director to pay for— (i) a wonderful imposed in prison proceedings; or (ii) a sum payable By means of a penalty in regard of non-compliance with any need of a regulatory nature; or (b) any legal responsibility incurred from the director— (i) in defending felony proceedings where the director is convicted; (ii) in defending civil proceedings introduced by the company, or an linked company on the company, during which judgment is supplied in opposition to the director; (iii) in defending civil proceedings brought on behalf in the company by a member on the company or of the involved company in the company, during which judgment is supplied towards the director; (iv) in defending civil proceedings brought on behalf of the affiliated company with the company by a member of the involved company or by a member of an connected company from the affiliated company, where judgment is specified versus the director; or (v) in reference to an application for reduction less than portion 358 with the predecessor Ordinance or portion 903 or 904 where the Court refuses to grant the director aid. (three) A reference in subsection (two)(b) into a conviction, judgment or refusal of reduction is usually to the ultimate conclusion while in the proceedings.

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(3) In spite of subsection (one), If your nominal total or nominal value of a share is altered on or following the commencement formation company law date* of portion one hundred thirty five less than a continuing provision, a reference in the continuing provision for the nominal total or nominal price of the share is actually a reference to your nominal amount of money or nominal worth as so altered. Portion 5

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