hong kong company secretary exam Secrets
hong kong company secretary exam Secrets
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(five) Anyone commits an offence if the individual, with intent to defraud, in purported compliance that has a prerequisite imposed on the individual beneath Subdivision 4— (a) provides any report or document that is false or misleading in a fabric certain;
To guarantee the company complies with Hong Kong rules, an excellent company secretary should really understand the context, company procedures, and insurance policies.
Cap 622 - Companies Ordinance 264 (two) With the applications of section 703, the holder of shares will be to be regarded as not obtaining exercised the legal rights to demand the offeror to accumulate the shares unless, at any time ahead of the stop with the period of time for the duration of which Individuals legal rights are exercisable— (a) in the situation of the takeover provide that does not relate to shares of various classes, the shares the offeror has, by advantage of acceptances from the supply, acquired or contracted unconditionally to acquire, with or without any other shares within the company that the offeror has acquired, or has contracted unconditionally to acquire, symbolize not less than 90% in quantity of the shares in the company; or (b) in the case of the takeover present that relates to shares of various courses, the shares of any course the offeror has, by virtue of acceptances of the supply, obtained or contracted unconditionally to accumulate, with or without any other shares of that course the offeror has obtained, or has contracted unconditionally to amass, stand for a minimum of ninety% in variety of the shares of that class. Element: Division: thirteen five Obligatory Acquisition just after Basic Offer you for Share Obtain-back again
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Cap 622 - Businesses Ordinance 152 Area: 410 Experienced privileges L.N. 163 of 2013 03/03/2014 (1) Inside the absence of malice, an auditor of a company is just not liable to any action for defamation in the accommodate of anyone in respect of any statement made by the auditor from the course of executing duties as auditor of the company. (two) From the absence of malice, a person is not really liable to any action for defamation in the fit of any person in regard from the publication of any document— (a) geared up by an auditor of the company within the course of performing duties as auditor from the company; and (b) demanded by this Ordinance— (i) being shipped to the Registrar; or (ii) to become sent to any member in the company or another man or woman. (three) This section doesn't limit or impact another right, privilege or immunity that an auditor of a company, or any other human being, has as defendant within an action for defamation. (four) In this particular segment, a reference to executing duties as auditor of the company includes— (a) generating a cessation statement, supplying the assertion on the company, and requesting the company to adjust to the necessity laid out in area 422(five) in relation on the statement; and (b) making a press release of situation, and giving the statement to your company. Section: 411 Rights in relation to common meeting L.N. 163 of 2013 03/03/2014 (one) An individual appointed as auditor of a company is entitled— (a) to go to any of your company’s general meetings; and (b) for being listened to, at any of the company’s normal meetings, on any Section of the company of your Conference that concerns the person as auditor in the company. (2) Anyone’s entitlement beneath subsection (1)(a) or (b) is, if the person is a organization or entire body corporate, exercisable by a purely natural man or woman authorized by the person to work as the individual’s consultant on the meeting.
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A Hong Kong company secretary should retain any papers vital for government examination if important. They preserve the company’s statutory documentation and update the documents if their details changes.
(3) The regulations might provide that any of the subsequent can be an offence— (a) a failure to take all reasonable steps to secure compliance with, as respects the economical statements, summary money report or administrators’ report that's been revised— (i) a specified provision on the laws; or (ii) a specified provision of this Ordinance as getting impact underneath the restrictions; (b) a contravention of— (i) a specified provision with the rules; or (ii) a specified provision of this Ordinance as getting impact underneath the rules. (4) The maximum wonderful That could be prescribed for an offence committed wilfully is $300000 and the maximum imprisonment is twelve months. The utmost high-quality Which may be prescribed for an offence not dedicated wilfully is $300000. On top of that, in the situation of the continuing offence, an extra fine not exceeding $2000 for daily all through which the offence proceeds can be prescribed. (five) The restrictions may provide for defences to any this sort of offence.
Cap 622 - Organizations Ordinance 233 (a) the company’s registered Business office; or (b) a prescribed position. (two) A company must notify the Registrar in the area at which the register of customers is saved. The detect must be in the specified form and delivered to the Registrar for registration in just fifteen times after the sign up is to start with stored at that position. (three) A company will have to notify the Registrar of any change (in addition to a change of the deal with from the company’s registered Workplace) while in the put at which the register of users is retained. The observe has to be in the required sort and sent to the Registrar for registration within fifteen days following the change. (4) Subsection (two) will not require a company to inform the Registrar from the put at which the sign-up of users is held— (a) if, in the case of the sign-up that came into existence on or following the commencement date* of the section, it's at all times been stored at the company’s registered Business; or (b) if— (i) promptly just before that commencement date*, the company stored a sign-up to the needs of segment 95 with the predecessor Ordinance; and (ii) on and after that commencement date*, that sign-up is retained being a sign-up of associates for the applications of area 627 in the place at which it had been kept quickly just before that commencement day*.
(three) If, in relation to an application to the needs of subsection (two), a doc demonstrating the rectification is shipped to the Registrar for registration, the Registrar may perhaps rectify the mistake by registering the doc. Area: 42 Registrar need to rectify information on Businesses Sign up on get of Courtroom
L.N. 163 of 2013 03/03/2014 (one) This section has influence if a permitted indemnity provision is manufactured to get a director of the company, and applies— (a) to that company (if the provision is produced by that company or an involved company of that company); and (b) In case the provision is made by an involved company, to that connected company. (two) A company to which this segment applies need to maintain the next at its registered Place of work or at an area prescribed by rules made beneath segment 657— (a) a replica on the permitted indemnity provision; (b) if the provision is not really in producing, a prepared memorandum placing out the terms of your provision. (3) The company— (a) must keep the duplicate or memorandum for at least 1 calendar year once the date of termination or expiry of the provision; and (b) should keep the copy or memorandum readily available for inspection through that point.
(seven) If a physique corporate is usually a member of a Keeping company of the human body corporate, subsection (1) won't prevent your body corporate from accepting or Keeping even more shares in the holding company if All those shares are allotted to the body corporate as entirely compensated up as being a consequence of the capitalization of reserves or profits with the Keeping company. (eight) If a company makes a proposal of shares to its customers, the company— (a) may well provide, on behalf of any of its subsidiaries, any this kind of shares the subsidiary could, but for this part, have taken by advantage of shares from the company that are currently held with the subsidiary; and (b) may possibly pay on the subsidiary the proceeds on the sale. (nine) Regardless that a body corporate is really a member of a Keeping company of the human body corporate, it's got no right to vote at — (a) conferences of the holding company; or (b) conferences of any class of members in the holding company. (ten) Subsection (nine) doesn't utilize if your body corporate is this type of member from the circumstances described in subsection (two). (11) On this area, a reference into a human body corporate includes a nominee for the human body corporate. (12) Within this portion, a reference to shares, in relation into a holding company That may be a company constrained company formation agents uk by ensure or an unlimited company, features the curiosity from the company’s associates, Regardless of the sort of the curiosity and if the company includes a share cash. Area: 114 Notifying Registrar of increase in amount of members of company confined by ensure
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