hong kong company secretary exam Secrets
hong kong company secretary exam Secrets
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Cap 622 - Businesses Ordinance 103 (four) The payment is— (a) a payment made by the company in respect in the invest in-back again via the company of shares in itself (apart from a payment lawfully created normally than outside of distributable income); or (b) a payment produced by the company of any description specified in segment 257(5) (apart from a payment lawfully built if not than away from distributable profits). (5) On this area— liabilities(負債) has the that means provided by section 274(one); Web property(淨資產), in relation to some company that offers any economic assistance, signifies the amount by which the mixture from the company’s assets exceeds the aggregate of its liabilities (taking the quantity of both equally property and liabilities to get as mentioned during the company’s accounting documents instantly ahead of the financial guidance is provided); Internet liabilities(淨負債), in relation to the company that provides any economic assistance, indicates the amount by which the mixture from the company’s liabilities exceeds the mixture of its belongings (getting the quantity of both equally property and liabilities to generally be as stated while in the company’s accounting data right away ahead of the economical guidance is presented).
2. On the extent essential for an knowledge of the event, performance or place of the company’s business, a company critique will have to consist of— (a) an analysis applying financial essential functionality indicators; (b) a dialogue on— (i) the company’s environmental guidelines and performance; and (ii) the company’s compliance Using the relevant laws and regulations which have a substantial effect on the company; and
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Component IVAA from the predecessor Ordinance, as in pressure promptly ahead of its repeal, carries on to use in relation to— (a) an software produced ahead of the commencement day* of Division four of Section 14 for leave to bring or intervene in proceedings below portion 168BC in the predecessor Ordinance, as in power immediately prior to its repeal; and (b) if depart is granted to deliver or intervene in proceedings, the proceedings so introduced or intervened in. 127. Application for inspection of company’s data
N. 163 of 2013 03/03/2014 (1) The certification by a company of the instrument of transfer of shares in the company— (a) is a representation through the company to any person acting over the faith on the certification that documents are developed on the company that proof title on the shares from the transferor named within the instrument; and (b) is not really a illustration the transferor has any title towards the shares. (2) If a person functions over the faith of the Untrue certification by a company made negligently, the company is underneath the identical liability to the person as In the event the certification were made fraudulently. (three) For that applications of the portion, an instrument of transfer is Licensed by a company if it bears— (a) the words “certification lodged”, or text to the same influence, in English or Chinese; and (b) below or adjacent to These terms, the signature or initials of a person having the actual or clear authority to certify transfers on behalf with the company. (four) Unless the contrary is proved, a signature or initials appearing on an instrument of transfer as referred to in subsection (three)(b) should be regarded— (a) as being the signature or initials of the person whose signature or initials they purport for being; and (b) as possessing been placed on the instrument by that particular person or by A different individual who has the particular or obvious authority to make use of the signature or initials for the purpose of certifying transfers on behalf in the company. Section: 155 Situation of share certification on transfer L.N. 163 of 2013 03/03/2014 (1) Inside the period of time specified in subsection (two), a company have to total the certificates for any of its shares which might be transferred and company formation software possess the certificates All set for shipping and delivery. (two) The period of time is— (a) for A personal company, 2 months following the working day on which the transfer is lodged Using the company;
(8) A person who commits an offence below subsection (seven) is liable to some wonderful at level five and, in the case of the continuing offence, to an additional fine of $a thousand for day after day for the duration of which the offence carries on. (9) A contravention of subsection (two) doesn't have an affect on the validity in the debentures issued. (10) In this particular area, a reference to some time in the generation of a charge is often a reference to some time of execution of— (a) the instrument by reference to which the charge is presented; or (b) if there isn't any these instrument, the very first debenture of the collection. Part: 342 Company or registered non-Hong Kong company need to sign-up particulars of Fee etcetera. in relation to debentures
L.N. 163 of 2013 03/03/2014 (one) With no prescribed approval of its members, a company need to not generate a payment for loss of office into a director or previous director with the company. (2) Without the prescribed acceptance of its customers and also the prescribed approval of your Keeping company’s associates, a company need to not create a payment for lack of Place of work to the director or former director of the Keeping company on the company. (three) In spite of subsection (two)— (a) a company may well enter in the transaction with only the prescribed approval of its customers In the event the holding company is incorporated outdoors Hong Kong; and (b) a company could enter in the transaction with just the prescribed acceptance on the holding company’s customers if it is a completely owned subsidiary from the Keeping company, plus the holding company is incorporated in Hong Kong.
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Segment: 784 Enchantment versus selection to serve discover L.N. 163 of 2013 03/03/2014 Inside of three months following becoming served having a recognize beneath portion 780(one)(b) to get a corporate identify or for an authorized identify in relation to the corporate identify, a registered non-Hong Kong company may attract the executive Appeals Board towards the choice to provide the detect. Portion: 785 Change of accredited title L.N. 163 of 2013 03/03/2014 (1) A registered non-Hong Kong company may apply, in writing, to the Registrar for change of an authorized title, in relation to a corporate title, under which the company is to hold on enterprise in Hong Kong. (2) An software have to be delivered to the Registrar. (three) On acquiring an application for change of an authorized identify, the Registrar should approve The brand new name Except contented the new identify— (a) is similar to or is too like— (i) a reputation that appears, or should have appeared, while in the Index of Company Names; or (ii) the identify of a overall body corporate incorporated or proven less than an Ordinance; or (b) offers so deceptive an indication of the nature with the registered non-Hong Kong company’s actions in Hong Kong as to generally be more likely to cause harm to the general public. (four) If your Registrar approves a different title, the registered non-Hong Kong company may perhaps deliver to your Registrar for registration a return, in the desired form, specifying the new title so approved. (5) On acquiring a return, the Registrar will have to, Until contented which the new name specified in it truly is similar to a reputation that seems, or must have appeared, inside the Index of Company Names— (a) enter the new title in the Companies Register since the identify, in relation on the corporate identify, underneath which the registered non-Hong Kong company is to carry on business enterprise in Hong Kong; (b) make a Take note in the businesses Register for the influence that there is a change of permitted identify;
When you end up picking a secretary company early plenty of in the company registration system, they also can operate and provide a neighborhood tackle.
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Sections 290C and 290D on the predecessor Ordinance, as in drive right away before their repeal, continue on to use in relation to the disclaimer of the Government’s title to any property or suitable (apart from immovable property) vested in The federal government ahead of the commencement day* of Division 3 of Component 15 below area 292 with the predecessor Ordinance. 129. Putting off