L.N. 163 of 2013 03/03/2014 (one) If it appears for the Registrar that the knowledge contained in a doc registered because of the Registrar in respect of the company is inconsistent with other information relating to the company on the Companies Register, the Registrar may perhaps give discover towards the company— (a) stating in what respect the information contained during the document appears to get inconsistent with other information on the Companies Register; and (b) demanding the company to take methods to take care of the inconsistency. (2) With the functions of subsection (1)(b), the Registrar may well require the company to provide for the Registrar throughout the period laid out in the notice— (a) info required to resolve the inconsistency; or (b) evidence that proceedings have already been commenced by the company while in the Court docket for the goal of resolving the inconsistency and which the proceedings are being performed diligently.

To ensure the company complies with Hong Kong laws, a fantastic company secretary need to comprehend the context, company processes, and policies.

Segment: 468 Avoidance of provisions safeguarding director from legal responsibility L.N. 163 of 2013 03/03/2014 (1) This area applies to a provision contained inside a company’s articles or blog posts, or in a very deal entered into by a company, or otherwise. (two) If a provision purports to exempt a director of the company from any liability that will usually connect into the director in reference to any negligence, default, breach of obligation or breach of rely on in relation towards the company, the provision is void. (three) If, by a provision, the company straight or indirectly gives an indemnity for any director of your company, or perhaps a director of the involved company from the company, versus any liability attaching on the director in connection with any negligence, default, breach of obligation or breach of rely on in relation on the company or connected company (as the situation can be), the provision is void. (4) Subsection (three) will not avert a company from getting out and keeping in force insurance plan for the director with the company, or a director of an related company of your company, versus— (a) any liability to anyone attaching towards the director in reference to any carelessness, default, breach of obligation or breach of belief (apart from fraud) in relation on the company or connected company (as the situation could be); or (b) any liability incurred through the director in defending any proceedings (whether civil or legal) taken in opposition to the director for just about any carelessness, default, breach of obligation or breach of belief (including fraud) in relation towards the company or connected company (as the situation could possibly be).

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(4) If your duplicate or memorandum is retained at an area other than the company’s registered Business, the company need to notify the Registrar from the put, or any change within the place, at which the copy or memorandum is held. The detect has to be in the required form and sent to the Registrar for registration inside of 15 times following the copy or memorandum is initial held at that put or inside fifteen days following the change (as the case might be). (5) If a company contravenes subsection (2) or (three), the company, and each dependable particular person with the company, commit an offence, and each is liable into a fine at amount three. (6) If a company contravenes subsection (4), the company, and each accountable particular person in the company, commit an offence, and every is liable to a good at amount three and, in the case of a continuing offence, to a further high-quality of $three hundred for on a daily basis during which the offence proceeds.

Cap 622 - Corporations Ordinance 94 (Cap 32) (arrangement, when binding on creditors). Section: 278 Principal function exception L.N. 163 of 2013 03/03/2014 This Division will not prohibit a company from offering monetary help for the objective of the acquisition of the share from the company or its Keeping company or for the goal of reducing or discharging a liability incurred for these types of an acquisition if— (a) both— (i) the company’s principal goal in providing the aid is not to offer it for the purpose of the acquisition of the share in the company or its Keeping company or for the purpose of lowering or discharging a liability incurred for such an acquisition; or (ii) the supplying of the aid for the goal of the acquisition of a share inside the company or its holding company or for the goal of decreasing or discharging a liability incurred for these an acquisition is just an incidental Section of some more substantial purpose on the company; and (b) the aid is supplied in very good religion inside the passions with the company. Part: 279 Exception for dollars lending enterprises L.N. 163 of 2013 03/03/2014 Subject to section 282, this Division will not prohibit the lending of money by a company while in the normal course of business enterprise When the lending of money is an element on the regular small business from the company. Part: 280 Exception for staff share strategies L.N. 163 of 2013 03/03/2014 (1) Subject matter to area 282, this Division doesn't prohibit— (a) the supplying by a company, in fantastic religion within the passions of the company, of financial support for your purposes of the worker share plan; or (b) the supplying of economic aid by a company for that uses of, or in reference to, anything at all performed via the company or A different company in the exact same team of companies for your purposes of enabling or facilitating transactions in shares inside the company or its holding company amongst, and involving the acquisition of useful ownership of All those shares by— (i) folks employed or previously used in fantastic faith by that company or Yet another company in the identical team of corporations; or (ii) spouses, widows, widowers, or small youngsters of persons referred to in subparagraph (i).

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It's the part of the company secretary to make sure that businesses comply with their legal obligations. Much more precisely, a company secretary should assistance to keep up a company’s statutory records and registers and keep on to update them as essential.

(four) Within this section— specified incumbent(指明在任人) signifies— (a) the person who is the final auditor of your company and whose expression of Workplace as auditor has expired; or (b) the person whose phrase of Office environment as auditor will expire— (i) at the conclusion of the general Conference; or (ii) at the end of the appointment period in relation on the money year worried. Part: 401 Copies of written resolution for appointment have to be sent to new and old auditors

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L.N. 163 of 2013 03/03/2014 For the objective of identifying whether the powers laid out in segment 35(three) and (4) are exercisable in relation to some doc, the Registrar may— (a) withhold the registration of your document pending compliance Together with the ask for under paragraph (b); and (b) request the one that is necessary or licensed to deliver the doc towards the Registrar for registration underneath the Ordinance to accomplish any or all of the subsequent in just a time period specified from the Registrar— (i) to make any other doc, information or evidence that, inside the Registrar’s feeling, is necessary for the Registrar to determine the concern regarding whether the document is unsatisfactory; (ii) to properly amend or comprehensive the document, and redeliver it for registration with or with out a supplementary document; (iii) to apply into the court docket for any buy or path the Registrar thinks needed and to conduct the

(two) Unless of course the deal is in producing, the company need to make sure that— (a) the phrases in the contract are set out within a published memorandum within just fifteen days in the entering into on the deal; and (b) the memorandum is held at the position at which the publications containing the minutes of the administrators’ conferences are stored. (3) If a company contravenes subsection (two), the company, and every responsible man or woman on the company, commit an offence, and each is liable to the good formation company set my company up at level 3. (4) A contravention of subsection (two) in relation to a contract won't have an effect on the validity on the deal. (five) This area doesn't exclude the Procedure of any other Ordinance or rule of legislation applying to contracts involving a company along with a director on the company. (six) With this portion— director(董事) includes a shadow director. (seven) For that needs of this area, a entire body corporate is never to be considered a shadow director of any of its subsidiaries by reason only that the administrators, or maybe a the greater part of the directors, of your subsidiary are accustomed to act in accordance with its directions or Guidelines. Section: 546 Economical Secretary may well amend sure sums or proportion figures

L.N. 163 of 2013 03/03/2014 (1) A company may notify every single member or likely member to provide the company a recognize of intent less than subsection (three). (two) A notification to some member or prospective member— (a) need to be presented in writing; and (b) need to be specified in relation into a financial 12 months. (three) In response to a notification, a member or possible member may perhaps give the company a notice of intent to— (a) request— (i) possibly a replica from the reporting files or a duplicate from the summary economic report; or (ii) none of Individuals copies; and (b) in the situation of paragraph (a)(i), ask for the duplicate to get sent by the company in hard duplicate type, in electronic variety, or by rendering it accessible on an internet site. (4) A member or opportunity member may only make a request underneath subsection (three)(b) in reaction to the notification for a replica from the reporting documents or a replica in the summary fiscal report to be despatched in electronic sort or by rendering it available on a web site Should the company has specified, in the notification, the member or prospective member an choice to ask for the duplicate to generally be so despatched. (5) If a detect of intent is acquired because of the company not less than 28 days prior to the initial day on which a replica of the reporting paperwork for that fiscal year is distributed to some member less than section 430, the discover of intent has outcome in relation to that fiscal yr, and each subsequent economical year, until it ceases to get effect by advantage of subsection (seven). (six) If a see of intent is received through the company fewer than 28 days before the very first date on which a duplicate with the reporting files for the economic yr is sent to your member beneath section 430— (a) the recognize of intent has result in relation to every economic 12 months subsequent to that financial yr until it ceases to possess outcome by advantage of subsection (seven); and (b) the member or possible member should be to be considered— (i) obtaining asked for a duplicate on the summary economical report for the money calendar year; and (ii) owning asked for the summary financial report to be despatched because of the company in difficult duplicate form.