A Review Of company secretary hong kong qualification

Area: 354 Notification of put where sign-up of expenses is held L.N. 163 of 2013 03/03/2014 (one) A company or registered non-Hong Kong company have to notify the Registrar on the area at which the sign up of expenses is saved. The observe should be in the specified form and sent to the Registrar for registration inside fifteen days once the sign-up is to start with retained at that position. (2) A company or registered non-Hong Kong company ought to notify the Registrar of any change (in addition to a change on the tackle with the company’s registered office or registered non-Hong Kong company’s principal location of small business in Hong Kong) while in the place at which the sign up of expenses is retained. The detect must be in the desired form and sent to the Registrar for registration inside 15 days following the change. (three) Subsection (1) won't need a company or registered non-Hong Kong company to notify the Registrar of your spot at which the register of prices is stored— (a) if, in the case of a sign up that arrived into existence on or once the commencement date* of this portion, it has constantly been retained at— (i) the company’s registered office; or (ii) the registered non-Hong Kong company’s principal position of organization in Hong Kong; or (b) if— (i) immediately before that commencement date*, the company or registered non-Hong Kong company held a sign-up for the needs of section 89 with the predecessor Ordinance; and (ii) on and after that commencement date*, that register is retained as being a register of prices for that uses of area 352(1) or 353(1) at the position at which it had been kept promptly right before that commencement

Cap 622 - Companies Ordinance 353 (e) in regard of every founder member, states the volume of shares the company proposes to problem to the member and the overall level of share capital to become subscribed with the member on that formation. (2) In case the shares proposed for being issued to the founder member on the formation belong to two or more courses, the information required beneath subsection (1)(e) have to be mentioned in regard of every course.

(3) If, in the case of the standard provide that relates to shares of different courses— (a) the repurchasing company has, by virtue of acceptances of the give, acquired back again, or contracted unconditionally to purchase back again, some although not the entire shares of any class to which the offer you relates; and

Cap 622 - Organizations Ordinance fifteen (ii) specified via the Registrar in accordance Together with the settlement. (2) An agreement which has a company may additionally give that any document, or any course of doc, that pertains to the company, and is required or authorized to get delivered through the Registrar to it under an Ordinance, are going to be sent by electronic signifies.

Cap 622 - Companies Ordinance 318 (3) Matter to anything while in the company’s article content, something to be agreed or specified by the holders to the needs of the Division need to be agreed or specified by every one of the joint holders. Section: 836 Loss of life or personal bankruptcy of holder of shares L.N. 163 of 2013 03/03/2014 (1) This segment applies if— (a) a provision of the Ordinance authorizes or demands a doc or information to get sent or provided by a company into the holders of its shares; and (b) a holder in the shares is useless or bankrupt. (two) Subject matter to everything during the company’s articles, the document or data is distributed or provided to that holder for that reasons of your provision If your document or info— (a) is shipped or provided on the folks declaring to become entitled on the shares in consequence in the Loss of life or personal bankruptcy by identify, or through the title of representatives on the deceased, or trustee from the bankrupt, or by any like description, in the address within Hong Kong equipped for your objective because of the individuals so declaring; or (b) till these kinds of an address has been so provided, is sent or equipped in almost any manner during which it might have been sent or equipped In the event the Demise or individual bankruptcy experienced not occurred.

Competent company secretaries will aid you to acquire good measures to adjust to Hong Kong legislation, making sure that your small business runs successfully and without heading towards the legislation.

Cap 622 - Organizations Ordinance 369 directors. (three) A reference to share quality can be a reference to any residual share cash in relation into the share. (4) A reference to the right to a return of capital with a share is often a reference to your right to some return of cash of a worth equal to the amount paid in respect on the nominal price of the share. (5) A reference to some distribution in a very winding up in proportion on the funds compensated up on the share is usually a reference to your distribution inside of a winding up in proportion to the quantity compensated in respect in the nominal value of the share. (six) A reference into the aggregate par or nominal price of the company’s issued share cash is actually a reference to that combination because it existed right away prior to the commencement date* of portion one hundred thirty five and— (a) enhanced to take account with the nominal value of any shares issued on or following that commencement day*; and (b) lowered to consider account on the nominal price of any shares cancelled on or following that commencement date*.

Part eighty five in the predecessor Ordinance, as in power immediately prior to its repeal— (a) proceeds to use in relation to an software created by a company, the mortgagee, or the person entitled to the charge, ahead of the commencement date* of Division 5 of Component eight with the purposes of that section eighty five; and (b) proceeds to apply, by virtue of part ninety one on the predecessor Ordinance as so in drive, in relation to an application created by a non-Hong Kong company registered underneath Aspect XI on the predecessor Ordinance, the mortgagee, or the individual entitled on the charge, ahead of that commencement day* for your purposes of that section 85. 70. Extension of your time for registration and rectification of sign-up of expenses

(2) If, in the situation of a takeover offer you that pertains to shares of different lessons, the offeror has, by advantage of acceptances in the provide, acquired, or contracted unconditionally to acquire, at the least ninety% in range of the shares of any class to which the offer relates, the offeror may well give discover towards the holder of every other shares of that class to which the offer you relates the offeror wishes to accumulate These shares. (3) If, in the situation of a takeover offer you that doesn't relate to shares of various classes, the offeror has, by advantage of acceptances of your offer you, obtained, or contracted unconditionally to obtain, under ninety% in variety of the shares to which the provide relates, the offeror may implement to your Court docket for an buy authorizing the offeror to present recognize towards the holder llc formation company of every other shares to which the supply relates that the offeror wants to acquire Individuals shares. (4) If, in the case of the takeover offer you that pertains to shares of various classes, the offeror has, by virtue of acceptances from the present, acquired, or contracted unconditionally to obtain, less than ninety% in amount of the shares of any class to which the provide relates, the offeror may possibly apply to the Court docket for an purchase authorizing the offeror to give recognize to your holder of almost every other shares of that course to which the offer you relates which the offeror wishes to obtain All those shares. (5) The Courtroom may possibly, on application underneath subsection (3) or (4), make the purchase whether it is pleased that— (a) right after affordable enquiry, the offeror has long been not able to trace a number of with the people holding shares to which the takeover give relates; (b) experienced the individual, or all These individuals, approved the takeover supply, the offeror would have, by virtue of acceptances of which offer, obtained, or contracted unconditionally to accumulate, at least ninety% in quantity of the shares, or perhaps the shares of any course, to which offering relates; and

(two) For your applications of this Ordinance, an enterprise is likewise a father or mother enterprise of Yet another undertaking if it's the ideal to physical exercise a dominant affect more than that other endeavor by advantage of— (a) the provisions contained in any document constituting or regulating that other enterprise; or (b) a contract in crafting that—

(four) If an officer of the company or somebody on behalf of the company takes advantage of, or authorizes the usage of, a seal that purports to be the company’s prevalent seal Which contravenes subsection (two), the officer or person commits an offence which is liable into a high-quality at stage three. Portion: a hundred twenty five Official seal to be used abroad L.N. 163 of 2013 03/03/2014 (1) A company with a standard seal can have an Formal seal for use outside the house Hong Kong. (two) These kinds of an official seal has to be a replica of the company’s prevalent seal, but have engraved on it in legible sort the name of each put wherever it's for use. (3) A company having an Formal seal to be used in a location may possibly, by crafting under its common seal, authorize anyone appointed for your objective to affix, in that spot, the Formal seal to any deed or every other document to which the company is a celebration. (four) As between a company and any person working with an executing agent of the company, the authority from the agent continues— (a) In the event the authorization mentions a time period throughout which the authority is to continue, until finally the end from the interval; or (b) In case the authorization isn't going to mention this type of time period, until finally a notice of revocation or termination on the agent’s authority has become specified to the person. (five) The individual affixing an official seal will have to, within the deed or other document to which the seal is affixed, certify in crafting the date on which, and also the place at which, the seal is so affixed. (6) A deed or other doc to which an official seal is affixed binds the company just as if it were executed underneath the company’s typical seal. (7) In this particular section—

Raising your pay back to be a Corporate Secretary is feasible in other ways. Change of employer: Take into account a job shift to a completely new employer which is willing to pay out greater for your personal competencies. Level of Education: Getting State-of-the-art levels might make it possible for this part to increase their money potential and qualify for promotions.

It is also noteworthy that any business which will not employ a reliable company secretary might not be mentioned on the Stock Exchange.

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