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(five) If a registered non-Hong Kong company, or an officer or agent of the registered non-Hong Kong company, fails to adjust to an order below subsection (four), the company, or maybe the officer or agent, commits an offence and is also liable to the great at level five and, in the case of a continuing offence, to an extra good of $1000 for on a daily basis in the course of which the offence proceeds. (six) On this portion, a reference to some Accredited duplicate of any accounts is, When the accounts will not be in English or Chinese, a reference to a Licensed translation in the accounts in English or Chinese. Area: 790 Administrators might revise accounts not complying with particular prerequisite
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Part: 468 Avoidance of provisions shielding director from liability L.N. 163 of 2013 03/03/2014 (1) This area applies to a provision contained within a company’s posts, or inside a contract entered into by a company, or normally. (two) If a provision purports to exempt a director with the company from any legal responsibility that will or else attach to your director in connection with any negligence, default, breach of obligation or breach of have confidence in in relation into the company, the provision is void. (three) If, by a provision, the company straight or indirectly delivers an indemnity for a director from the company, or perhaps a director of the involved company from the company, in opposition to any legal responsibility attaching to your director in reference to any negligence, default, breach of responsibility or breach of belief in relation to your company or affiliated company (as the situation might be), the provision is void. (four) Subsection (three) does not avert a company from getting out and retaining in force insurance policies for any director in the company, or perhaps a director of the linked company in the company, against— (a) any liability to any person attaching towards the director in reference to any carelessness, default, breach of duty or breach of rely on (apart from fraud) in relation to the company or associated company (as the case might be); or (b) any liability incurred by the director in defending any proceedings (no matter if civil or criminal) taken against the director for any carelessness, default, breach of responsibility or breach of have faith in (together with fraud) in relation to the company or related company (as the situation might be).
Sections ninety and 348C(3) with the predecessor Ordinance, as in pressure straight away ahead of their repeal— (a) continue on to use in relation to some request acquired by a company ahead of the commencement date* of area 355 for inspecting a sign up of fees or copies of devices making a cost; and
L.N. 163 of 2013 03/03/2014 (one) A person commits an offence if the individual, without fair justification, fails to comply with any need imposed on the individual underneath section 869. (2) A person commits an offence if the person, with intent to defraud, fails to adjust to any need imposed on the individual below area 869. (3) An officer or personnel of the company on which a necessity is imposed beneath part 869 commits an offence Should the officer or worker, with intent to defraud, triggers or enables the company to are unsuccessful to adjust to the necessity. (4) Someone commits an offence if the person— (a) in purported compliance that has a prerequisite imposed on the person below section 869— (i) makes any record or document that is fake or deceptive in a cloth particular; or (ii) supplies any info or rationalization that is false or misleading in a cloth distinct; and (b) recognizes that, or is reckless concerning whether or not, the report or doc, or the information or clarification, is fake or deceptive in a cloth individual. (five) Someone commits an offence if the individual, with intent to defraud, in purported compliance using a necessity imposed on the individual underneath segment 869— (a) provides any document or document that is false or misleading in a fabric unique; or (b) provides any info or rationalization that is fake or misleading in a cloth particular. (6) An officer or employee of the company on which a need is imposed under part 869 commits an offence In case the officer or staff, with intent to defraud, results in or allows the company to, in purported compliance With all the necessity— (a) create any document or document that is fake or deceptive in a material certain; or (b) offer any data or rationalization that is fake or deceptive in a fabric unique. (7) Anyone just isn't excused from complying by using a need imposed on the individual less than segment 869 only on the ground that to take action might are inclined to incriminate the person.
Remarks: Not yet in Procedure (one) When the Registrar is to help make a safeguarded address readily available for general public inspection under area 55(one), she or he have to commence just as if— (a) a see had been shipped to the Registrar for registration underneath portion 645(four) stating which the correspondence tackle from the director is changed on the secured handle; or (b) a return were shipped to the Registrar for registration underneath section 791 stating which the correspondence deal with with the director is changed on the protected address. (2) The Registrar must give published recognize of having carried out so— (a) into the director; and (b) to the company. (3) A written recognize must also point out the decision date in relation into the guarded address. (4) A published detect underneath subsection (2)(a) has to be sent on the director— (a) within the protected tackle; or (b) if it appears to your Registrar that service with the protected deal with is probably not efficient to deliver it towards the see in the director, for the applicable correspondence tackle with the director. (five) On receipt of a prepared detect, the company will have to enter the protected tackle in its sign-up of administrators since the correspondence handle from the director. (6) If, within 5 several years immediately after the decision date to get a guarded tackle, the director notifies the company of One more deal with as his or her common residential handle— (a) the company should enter that other address in its sign-up of administrators as the standard household address as well as the correspondence handle from the director; and (b) the company ought to move forward Using the discover or return underneath portion 645(4) or 791 as If your correspondence handle of your director was also changed to that other address.
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Cap 622 - Firms Ordinance 160 (i) was billed With all the duty of guaranteeing that subsection (1) was complied with; and (ii) was in a position to discharge that responsibility; and (b) It's not necessarily a defence to establish which the economical statements or report was not in actual fact prepared as essential by this Ordinance. Part: 430 Company need to mail copies of financial statements and so forth. to members before typical Conference
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(4) Within this portion— specified incumbent(指明在任人) usually means— (a) the one who is the final auditor on the company and whose phrase of Business as auditor has expired; or (b) the person whose expression of Place of work as auditor will expire— (i) at the conclusion of the overall Assembly; or (ii) at the end of the appointment interval in relation to your economic year involved. Area: 401 Copies of composed resolution for appointment has to be despatched to new and old auditors
(three) A letter needs to be tackled— (a) to an authorized consultant from the registered non-Hong Kong company whose required specifics are demonstrated in the businesses Sign-up; or (b) if no necessary particulars of licensed representatives of your company are proven in the businesses Sign up, to any place of business enterprise proven by the company formation in delaware company in Hong Kong. (4) The Registrar is not really needed to send out a letter to the registered non-Hong Kong company underneath subsection (2)(a) If your Registrar is on the viewpoint that the letter is unlikely to generally be acquired by the company. Part: 798 Registrar may well strike off registered non-Hong Kong company’s title
(2) Segment 116C on the predecessor Ordinance, as in power promptly in advance of its repeal, continues to use in relation to resolutions for which Distinctive notice is required if discover from the intention to maneuver the resolution was offered to the company ahead of the commencement day* of portion 578. 103. Users’ statements
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