5 Simple Techniques For company secretary hong kong company ordinance
5 Simple Techniques For company secretary hong kong company ordinance
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(5) If a registered non-Hong Kong company, or an officer or agent of a registered non-Hong Kong company, fails to comply with an order below subsection (4), the company, or perhaps the officer or agent, commits an offence and it is liable into a fantastic at degree 5 and, in the case of a continuing offence, to an extra wonderful of $one thousand for every single day throughout which the offence carries on. (6) On this portion, a reference to your Licensed duplicate of any accounts is, if the accounts will not be in English or Chinese, a reference to a Accredited translation of your accounts in English or Chinese. Section: 790 Directors may perhaps revise accounts not complying with certain need
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Cap 622 - Corporations Ordinance 210 (a) a resolution removing an auditor before the close of your auditor’s phrase of Office environment; or (b) a resolution getting rid of a director prior to the conclude from the director’s term of Business office.
Cap 622 - Providers Ordinance 15 (ii) specified through the Registrar in accordance with the arrangement. (two) An agreement that has a company may additionally present that any doc, or any class of document, that pertains to the company, and is required or licensed to be delivered by the Registrar to it less than an Ordinance, will probably be delivered by electronic indicates.
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Cap 622 - Companies Ordinance 152 Section: 410 Competent privileges L.N. 163 of 2013 03/03/2014 (1) Inside the absence of malice, an auditor of a company will not be liable to any action for defamation for the suit of any person in regard of any statement produced by the auditor while in the course of undertaking duties as auditor of the company. (2) Within the absence of malice, anyone will not be liable to any motion for defamation in the accommodate of any person in respect from the publication of any document— (a) geared up by an auditor of a company inside the course of carrying out duties as auditor with the company; and (b) needed by this Ordinance— (i) for being sent to the Registrar; or (ii) to get sent to any member with the company or every other human being. (three) This area would not limit or affect another suitable, privilege or immunity that an auditor of a company, or almost every other individual, has as defendant within an action for defamation. (four) In this segment, a reference to undertaking duties as auditor of the company contains— (a) building a cessation assertion, supplying the assertion on the company, and requesting the company to adjust to the prerequisite specified in section 422(5) in relation into the assertion; and (b) creating a press release of conditions, and providing the assertion to the company. Section: 411 Rights in relation to general Conference L.N. 163 of 2013 03/03/2014 (1) Anyone appointed as auditor of the company is entitled— (a) to attend any from the company’s common meetings; and (b) for being read, at any of the company’s typical conferences, on any part of the organization of your meeting that concerns the individual as auditor in the company. (2) Someone’s entitlement beneath subsection (1)(a) or (b) is, if the individual is really a firm or physique corporate, exercisable by a purely natural particular person approved by the individual to work as the person’s agent in the Conference.
L.N. 163 of 2013 03/03/2014 (one) Without the prescribed approval of its associates, a specified company have to not— (a) make a bank loan or quasi-bank loan to an entity connected having a director from the company; or (b) provide a assure or give safety in connection with a loan or quasi-financial loan produced by anyone to an entity connected with such a director. (two) Without the prescribed approval of its associates and also the prescribed approval from the holding company’s members, a specified company need to not— (a) come up with a personal loan or quasi-financial loan to an entity linked that has a director of the Keeping company in the company; or (b) provide a ensure or provide protection in connection with a personal loan or quasi-personal loan produced by any person to an entity related with this type of director.
Cap 622 - Corporations Ordinance 160 (i) was billed Along with the responsibility of making certain that subsection (one) was complied with; and (ii) was in a position to discharge that duty; and (b) It's not necessarily a defence to establish which the financial statements or report wasn't in fact organized as needed by this Ordinance. Section: 430 Company have to send copies of monetary statements and so forth. to associates before general Conference
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L.N. 163 of 2013 03/03/2014 (one) A problem that immediately before the commencement date* of the Division was contained in the memorandum of association of an existing company and was in drive is, for all functions, being considered to be a provision of the company’s articles or blog posts. (two) If a memorandum of association is registered on or following the commencement day* of this Division beneath the provisions getting a continuing result beneath Program eleven, a ailment contained in that memorandum is, for all functions, to get considered to be a provision with the company’s articles registered underneath the predecessor Ordinance. (three) If, before the commencement day* of the Division, a Exclusive resolution altering a issue from the memorandum of association of an existing company was passed less than portion 8(one) or 25A(one) on the predecessor Ordinance plus the alteration normally takes effect on or after that day, then the altered problem is, for all functions, being regarded as a provision of your company’s content registered underneath the predecessor Ordinance.
Portion: 469 Permitted indemnity provision L.N. 163 of 2013 03/03/2014 (one) Portion 468(3) isn't going to utilize to the provision for indemnity towards legal responsibility incurred by the director into a third party Should the requirements laid out in subsection (2) are met in relation to the provision. (two) The provision have to not deliver any indemnity formation company made simple towards— (a) any legal responsibility of the director to pay for— (i) a great imposed in felony proceedings; or (ii) a sum payable By means of a penalty in regard of non-compliance with any need of the regulatory nature; or (b) any liability incurred from the director— (i) in defending prison proceedings in which the director is convicted; (ii) in defending civil proceedings brought from the company, or an associated company of the company, wherein judgment is presented in opposition to the director; (iii) in defending civil proceedings introduced on behalf in the company by a member in the company or of the related company with the company, during which judgment is given in opposition to the director; (iv) in defending civil proceedings introduced on behalf of the connected company of your company by a member of your related company or by a member of an associated company in the affiliated company, in which judgment is supplied from the director; or (v) in reference to an software for aid underneath section 358 in the predecessor Ordinance or part 903 or 904 where the Court refuses to grant the director aid. (3) A reference in subsection (two)(b) to the conviction, judgment or refusal of relief would be to the final determination in the proceedings.
L.N. 163 of 2013 03/03/2014 For the objective of deciding whether or not the powers specified in area 35(three) and (four) are exercisable in relation to your document, the Registrar may possibly— (a) withhold the registration of your document pending compliance While using the request under paragraph (b); and (b) ask for the person who is necessary or authorized to deliver the document into the Registrar for registration under the Ordinance to perform any or all of the next within a period of time specified via the Registrar— (i) to make almost every other document, information and facts or evidence that, while in the Registrar’s viewpoint, is needed for the Registrar to ascertain the problem concerning whether the document is unsatisfactory; (ii) to properly amend or total the document, and redeliver it for registration with or without having a supplementary document; (iii) to apply on the court for any buy or way the Registrar thinks important also to conduct the
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