DETAILED NOTES ON COMPANY SECRETARY COURSE HONG KONG

Detailed Notes on company secretary course hong kong

Detailed Notes on company secretary course hong kong

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L.N. 163 of 2013 03/03/2014 (one) Without the prescribed approval of its customers, a company have to not— (a) consider part in an arrangement below which— (i) An additional person enters right into a questionable transaction by using a director with the company, a overall body corporate controlled by this kind of director, or an entity connected with this type of director; and (ii) that other individual, pursuant to the arrangement, has received or is to acquire any reap the benefits of the company or an involved company with the company; or (b) arrange for an assignment to your company, or assumption through the company, of any rights, obligations or liabilities beneath a questionable transaction entered into by A further individual with— (i) a director in the company; (ii) a overall body corporate managed by this type of director; or (iii) an entity linked with such a director. (two) With no prescribed approval of its members plus the prescribed approval of your Keeping company’s customers, a company need to not— (a) acquire section within an arrangement less than which— (i) A different individual enters into a questionable transaction which has a director of a Keeping company with the company, a overall body corporate managed by such a director, or an entity related with this kind of director; and (ii) that other human being, pursuant towards the arrangement, has obtained or is to obtain any gain from the company or an involved company with the company; or (b) prepare for an assignment into the company, or assumption by the company, of any legal rights, obligations or liabilities under a questionable transaction entered into by another man or woman with— (i) a director of the Keeping company from the company; (ii) a overall body corporate managed by this kind of director; or (iii) an entity related with such a director.

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Cap 622 - Corporations Ordinance ninety three (b) a reference to the company supplying fiscal help for the purpose of lowering or discharging a liability incurred by somebody for the purpose of the acquisition of shares includes the company supplying economic support for the objective of wholly or partly restoring the individual’s fiscal placement to what it was ahead of the acquisition happened.

A observe which was served underneath part 337B on the predecessor Ordinance, as in pressure quickly before its repeal, and that was in force immediately prior to the commencement day of Division four of Portion sixteen, carries on in pressure and has outcome like it had been a observe served beneath section 780. 136. Detect of cessation of area of business enterprise in Hong Kong

Part 86 from the predecessor Ordinance, as in pressure straight away before its repeal— (a) proceeds to use in relation to an application made by a company, or anyone fascinated, before the commencement day* of sections 346 and 347 for that purposes of that portion 86; and (b) carries on to apply, by virtue of section ninety one on the predecessor Ordinance as so in drive, in relation to an application created by a non-Hong Kong company registered less than Portion XI of the predecessor Ordinance, or anyone intrigued, just before that commencement day* to the applications of that section 86. seventy one. See to Registrar of appointment of receiver or manager etcetera.

two. Assertion of monetary placement for being contained in notes to once-a-year consolidated fiscal statements

(two) If a company’s auditor is of your opinion that the information within a administrators’ report for just a economic year just isn't per the economic statements for that money yr, the auditor— (a) need to state that opinion in the auditor’s report; and (b) may perhaps convey that belief on the members’ attention in a general Conference.

Cap 622 - Companies Ordinance 332 (four) Somebody commits an offence if the person— (a) in purported compliance having a need imposed on the person beneath segment 873— (i) produces any report or document that is fake or misleading in a fabric distinct; or (ii) offers any information and facts or rationalization that is fake or misleading in a fabric specific; and (b) understands that, or is reckless as to if, the file or doc, or the data or explanation, is false or deceptive in a cloth certain. (five) An individual commits an offence if the person, with intent to defraud, in purported compliance using a need imposed on the individual beneath portion 873— (a) creates any record or document that is false or deceptive in a material certain; or (b) gives any information and facts or rationalization that is false or misleading in a cloth distinct. (six) An officer or staff of the body corporate on which a requirement is imposed less than segment 873 commits an offence In the event the officer or employee, with intent to defraud, will cause or makes it possible for your body corporate to, in purported compliance Along with the necessity— (a) generate any history or document that is false or deceptive in a fabric certain; or (b) provide any information and facts or rationalization that is fake or deceptive in a fabric certain. (7) Someone isn't excused from complying having a requirement imposed on the individual under area 873 only on the bottom that to do so might have a tendency to incriminate the individual. (eight) A individual who commits an offence below subsection (one) is liable— (a) on conviction on indictment to the fine of $150000 also to imprisonment for just one 12 months; or (b) on summary conviction to a high-quality at degree five and also to imprisonment for 6 months. (nine) A individual who commits an offence beneath subsection (2), (three), (5) or (6) is liable— (a) on conviction on indictment into a high-quality of $1000000 and also to imprisonment for three decades; or (b) on summary conviction into a fantastic at level 6 and also to imprisonment for 6 months.

To navigate the complexities of registration, lots of business owners enlist Expert services that may guide with:

Cap 622 - Businesses Ordinance 305 Segment: 803 Service of course of action or discover L.N. 163 of 2013 03/03/2014 (1) Issue to subsections (3) and (four), any system or observe needed to be served on a registered non-Hong Kong company is sufficiently served if— (a) it is dealt with to an authorized agent of the company whose necessary facts are demonstrated in the Companies Sign-up; and (b) it truly is still left at, or sent by publish to, the representative’s past recognised tackle. (two) Subsections company formation documents (3) and (four) implement if— (a) no necessary information of authorized Associates of the registered non-Hong Kong company are proven in the Companies Sign up; or (b) each individual one of the company’s approved representatives refuses to simply accept service on behalf on the company or the process or see can not be served on any of them. (three) Any method or notice necessary to be served within the registered non-Hong Kong company is adequately served if it is remaining at, or sent by post to, anywhere of small business established by the company in Hong Kong. (4) In the case of a registered non-Hong Kong company that now not has a spot of business in Hong Kong, any course of action or recognize necessary to be served around the company is adequately served— (a) if— (i) it is sent by registered write-up towards the company’s registered Business (or even the equivalent) in the company’s position of incorporation on the tackle as revealed in the Companies Sign-up; and (ii) a duplicate of it is shipped by registered submit into the company’s principal location of business enterprise (if any) inside the company’s position of incorporation at the address as proven in the Companies Sign-up; or (b) in which no these addresses are revealed in the businesses Register, if it is still left at, or despatched by publish to, any place in Hong Kong at which the company has had an area of business enterprise within the prior 12 months. (5) Any course of action or notice necessary to be served on the non-Hong Kong company (in addition to a registered non-Hong Kong company) is sufficiently served— (a) in the situation of a company which has set up a location of business enterprise in Hong Kong, if it is left at, or sent by put up to, the position of business enterprise; or (b) in the situation of the company that has recognized, but no more has, an area of business enterprise in Hong Kong— (i) if— (A) it is shipped by registered article into the company’s registered Business (or maybe the equal) from the company’s position of incorporation; and (B) a duplicate of it is distributed by registered put up on the company’s principal area of organization (if any) inside the company’s area of incorporation; or (ii) the place the deal with of this kind of registered office, or principal place of business enterprise, can not be ascertained although the company has experienced a spot of business in Hong Kong throughout the former 12 months, if it is remaining at, or sent by post to, the position of small business in Hong Kong.

Partnership: In this particular business enterprise, two or more and more people get the job done together they usually share their income , losses and manage all the obligations.

(2) Nothing at all Within this Subdivision influences any provision of a company’s posts authorizing the company to go a resolution with no Conference, in any other case than in accordance using this type of Subdivision. (3) Subsection (2) applies provided that the resolution has long been agreed to by many of the associates with the company who are entitled to vote about the resolution.

All You should do is send out us the necessary paperwork by way of chat. We complete the registration application, submit to the authorities, and send back again so that you can indication digitally.

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