Asialink Corporate Services Limited

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Legal requirements

  • According to Section 332 of the Companies Ordinance ("CO"), a non-Hong Kong company, which has established a place of business in Hong Kong is required to register under Part XI of the CO.
  • Section 341 further explained a place of business as a share transfer or share registration office and a place used by the Company to transact any business, which creates legal obligations.
  • To quote an example, if the premises owned by a non-Hong Kong company is going to be rented out, that non-Hong Kong company has a renting business in Hong Kong.  As that tenancy agreement is a document, which will create legal obligation on the non-Hong Kong company, that company is required to register under Part XI.

Registration procedures

          1. It is required to register a non-Hong Kong company within one month of establishing a place of business in Hong Kong.
    1. To submit the following documents to the Companies Registry for registration:-
  • 1. A certified copy of the instrument defining the company's constitution.
  • 2. Prescribed Form(s) reporting :-
              • the particulars of directors and secretary;
              • the particulars of the person(s) authorized to act in Hong Kong on behalf of the company;
              • the principal place of business in Hong Kong and in the place of incorporation; and
              • the registered office in the place of incorporation.
          • 3. A certified copy of the company’s Certificate of Incorporation (or its equivalent).
          • 4. A certified copy of the latest accounts of the company if required.

If any of items listed in 2 is not written in the Chinese or English language, a certified translation into Chinese or English has to be arranged.

 

The time required for the registration

The Companies Registry will issue the certificate of registration in about 22 working days from the date of receipt of all the above listed documents in order.

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Room 2204, 22/F, Fu Fai Commercial Centre, 27 Hillier StreetHong Kong
Tel: +(852) 2865-0113    Fax: +(852) 2865-0378    Email: enquiry@asialink.hk