hong kong company secretary's practice manual Fundamentals Explained
hong kong company secretary's practice manual Fundamentals Explained
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(three) The Registrar will have to enter the new name in the businesses Sign-up instead of the previous name. (4) The change of name has influence with the day on which The brand new identify is entered in the businesses Sign up. (five) Within 30 days after the day of coming into the new name in the businesses Sign-up, the Registrar— (a) will have to by recognize in crafting notify the company of— (i) The reality that a reputation in the company is changed; (ii) the new name; and (iii) the day on which the change takes effect below subsection (four); and (b) need to by observe from the Gazette notify that simple fact, The brand new identify Which date. (6) A change of identify less than this segment isn't going to have an impact on any rights or obligations with the company or render defective any legal proceedings by or in opposition to it. Any authorized proceedings that might have been commenced or continued by or from it by its former title could possibly be commenced or continued by or versus it by its new name.
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Area: 809 Registrar ought to not sign up with out users’ assent L.N. 163 of 2013 03/03/2014 (one) The Registrar ought to not register an suitable company beneath this Part as a limiteless company Until There exists assent for the registration by a the vast majority on the users current in a normal Assembly from the company convened to the function. (two) The Registrar must not sign-up an suitable company below this Component to be a company confined by assurance Except You can find assent on the registration by at the very least seventy five% of your customers current at a normal Conference with the company convened for that objective. (three) With the applications of this area, in computing a greater part, or 75%, with the customers where a poll is demanded, the volume of votes to which Each individual member is entitled based on the qualified company’s regulations need to be taken into account. (4) In this particular section, a reference to your member present at a normal meeting is— (a) a reference to the member current in human being; or (b) if proxies are allowed with the suitable company’s restrictions, a reference to some member present by proxy.
Cap 622 - Firms Ordinance 215 the members who asked for the Assembly, or any of them representing more than one half of the overall voting legal rights of all of these, may them selves call a basic meeting. (two) When the requests acquired via the company identify a resolution that could thoroughly be moved and is intended to get moved with the Conference, the detect of your meeting will have to consist of discover on the resolution. (three) The Conference must be identified as for your day not over three months once the date on which the administrators turn into topic for the requirement to simply call a meeting. (4) The Conference needs to be named in exactly the same way, as almost as you can, as that in which that Assembly is needed to generally be named by the directors formation company login in the company.
A see that was served beneath part 337B from the predecessor Ordinance, as in force right away right before its repeal, and which was in pressure quickly prior to the commencement date of Division 4 of Component 16, carries on in drive and it has effect as though it have been a notice served under area 780. 136. Notice of cessation of location of enterprise in Hong Kong
Segment 86 from the predecessor Ordinance, as in drive instantly in advance of its repeal— (a) proceeds to use in relation to an application produced by a company, or anyone interested, before the commencement day* of sections 346 and 347 to the functions of that section 86; and (b) continues to apply, by virtue of area 91 with the predecessor Ordinance as so in pressure, in relation to an software made by a non-Hong Kong company registered below Part XI with the predecessor Ordinance, or any person intrigued, prior to that commencement day* for the needs of that section 86. 71. Recognize to Registrar of appointment of receiver or manager etc.
L.N. 163 of 2013 03/03/2014 (one) This section relates to a company that is certainly an insurance company and carries on long lasting company. (2) For that purposes of the Portion— (a) an amount adequately transferred to your assertion of detailed cash flow on the company from a surplus inside the fund preserved by it in regard of the long run enterprise is to be viewed as a recognized financial gain; and (b) a deficit in that fund will be to be viewed as a realized decline. (three) Issue to subsection (2), any income or decline arising while in the company’s long lasting company is always to be disregarded for your purposes of this Section. (four) In this portion— (a) a reference to your surplus in the fund maintained by a company is often a reference to an extra of your assets symbolizing the fund above the company’s liabilities attributable to its long term enterprise, as revealed by an actuarial investigation; and (b) a reference to a deficit in this type of fund is usually a reference to an extra of Those people liabilities about All those belongings, as shown by an actuarial investigation.
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(four) On this portion— specified incumbent(指明在任人) signifies— (a) the one that is the last auditor from the company and whose time period of Place of work as auditor has expired; or (b) the individual whose phrase of Business as auditor will expire— (i) at the end of the overall Conference; or (ii) at the end of the appointment period of time in relation towards the fiscal calendar year concerned. Area: 401 Copies of written resolution for appointment has to be despatched to new and old auditors
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(2) Except the contract is in producing, the company should make certain that— (a) the conditions in the agreement are set out in a created memorandum within fifteen times in the coming into into of the contract; and (b) the memorandum is held for the put at which the guides containing the minutes of the directors’ meetings are retained. (3) If a company contravenes subsection (2), the company, and every dependable man or woman of the company, dedicate an offence, and each is liable into a great at degree three. (four) A contravention of subsection (two) in relation into a contract would not impact the validity on the agreement. (five) This section doesn't exclude the Procedure of almost every other Ordinance or rule of law implementing to contracts involving a company plus a director from the company. (six) Within this area— director(董事) features a shadow director. (seven) To the uses of this area, a system corporate is never to be considered to be a shadow director of any of its subsidiaries by rationale only that the administrators, or perhaps a greater part of the directors, of the subsidiary are accustomed to act in accordance with its directions or instructions. Part: 546 Fiscal Secretary may amend sure sums or proportion figures
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