Detailed Notes on company secretary course hong kong

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Examples— 1. A company could extinguish or lessen the legal responsibility on any of its shares in regard of share capital not paid up. two. A company may perhaps, both with or with out extinguishing or cutting down liability on any of its shares— (a) terminate any paid out-up share cash that is definitely dropped or unrepresented by readily available property; or (b) repay any paid out-up share capital in excessive with the company’s would like. (2) Nonetheless, a company ought to not minimize its share money if, as a result of the reduction, there would no longer be any member in the company Keeping shares besides redeemable shares. (3) This Division is topic to any provision of a company’s content articles that prohibits or restricts the reduction of the company’s share capital. Segment: 211 Method for any company to lessen its share capital L.N. 163 of 2013 03/03/2014 The technique to get a company to lessen its share cash beneath this Division is— (a) by Exclusive resolution supported by a solvency statement underneath Subdivision two; or (b) by Distinctive resolution verified because of the Court docket below Subdivision three. Segment: 212 Offence if share cash is minimized in contravention of Division

L.N. 163 of 2013 03/03/2014 (1) If a registered non-Hong Kong company is served which has a discover below segment 780(1) for a corporate title or for an approved title in relation to a corporate identify, the company could utilize, in producing, for the Registrar for acceptance of One more title, in relation on the corporate name, below which the company is to carry on enterprise in Hong Kong. (2) An application need to be shipped to the Registrar. (3) On acquiring an software for acceptance of a name, the Registrar will have to approve the name unless content the identify— (a) is similar to or is just too like— (i) a reputation that appears, or should have appeared, within the Index of Company Names; or (ii) the identify of a system corporate incorporated or proven below an Ordinance; or (b) offers so deceptive a sign of the nature of your registered non-Hong Kong company’s pursuits in Hong Kong as to generally be likely to result in harm to the public.

L.N. 163 of 2013 03/03/2014 (one) Somebody commits an offence if the person, with no affordable justification, fails to comply with any necessity imposed on the individual less than part 869. (two) A person commits an offence if the individual, with intent to defraud, fails to comply with any necessity imposed on the person below portion 869. (3) An officer or employee of the company on which a requirement is imposed beneath area 869 commits an offence if the officer or personnel, with intent to defraud, results in or will allow the company to fail to comply with the necessity. (4) Someone commits an offence if the person— (a) in purported compliance by using a prerequisite imposed on the individual underneath part 869— (i) produces any report or doc that is false or deceptive in a material certain; or (ii) supplies any facts or clarification that is false or deceptive in a fabric particular; and (b) knows that, or is reckless as to whether or not, the document or doc, or the information or clarification, is false or deceptive in a cloth individual. (5) Somebody commits an offence if the individual, with intent to defraud, in purported compliance which has a prerequisite imposed on the individual less than part 869— (a) produces any history or doc that is fake or misleading in a fabric particular; or (b) delivers any details or rationalization that is fake or deceptive in a fabric distinct. (6) An officer or worker of a company on which a requirement is imposed less than segment 869 commits an offence In the event the officer or worker, with intent to defraud, results in or will allow the company to, in purported compliance Together with the necessity— (a) produce any record or doc that is false or misleading in a cloth individual; or (b) offer any facts or explanation that is fake or misleading in a fabric certain. (seven) A person isn't excused from complying by using a requirement imposed on the person underneath section 869 only on the ground that to do so may are likely to incriminate the individual.

That said, as the function indicates some understanding and expertise, should you appoint somebody, company formation documents make certain that he/she has the pertinent qualifications. Alternatively, if you choose to rent a service service provider, you’ll want to examine they have got the proper licence set up.

L.N. 163 of 2013 03/03/2014 (one) If a meeting is summoned beneath portion 670— (a) each individual see summoning the Conference that may be sent to some creditor or member has to be accompanied by an explanatory assertion complying with subsections (3) and (four); and (b) every single recognize summoning the Conference that is certainly supplied by ad— (i) must include things like an explanatory statement complying with subsections (three) and (four); or (ii) will have to state where and how a creditor or member entitled to go to the Conference could obtain a duplicate in the explanatory assertion. (2) If a notice given by ad states that a creditor or member entitled to go to the meeting may perhaps get hold of a replica of an explanatory assertion, the company have to supply a copy from the statement, gratis, to some creditor or member applying from the manner laid out in the discover. (three) An explanatory assertion— (a) ought to clarify the influence of the arrangement or compromise; and (b) ought to condition— (i) any material passions in the company’s administrators, regardless of whether as directors or as associates or as creditors in the company or usually, beneath the arrangement or compromise; and (ii) the effect of your arrangement or compromise on All those passions, in as far as the influence differs with the impact on the like interests of other individuals.

(2) If a company’s auditor is of your impression that the knowledge in a directors’ report for any economical calendar year isn't in step with the fiscal statements with the monetary calendar year, the auditor— (a) have to point out that feeling while in the auditor’s report; and (b) may perhaps deliver that impression to your customers’ notice at a basic meeting.

(two) The Fiscal Secretary may perhaps, prior to filing a replica of an interim report or final report Using the Court beneath subsection (one), specify the period and fashion through which access to the report is usually to be restricted. Part: 860 Financial Secretary may well mail copies of inspector’s report back to applicants of investigation and many others.

Prior to deciding to come to a decision irrespective of whether variable pay out is true for your org, get yourself a further idea of the variable fork out selections as well as cultural affect of pay out alternatives.

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