[ESTABLISHING A BUSINESS ENTITY IN HONG KONG]
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apply for an order for the winding up of a company on just and equitable grounds. 3.2 Non-Hong Kong Company 3.2.1 Branch
(e) a Notice to Business Registration Office. The One-stop Company and Business Registration Service is also applicable to the registration of a non-Hong Kong company under the Companies Ordinance. The Certificates of Registration of Non-Hong Kong Company and the Business Registration Certificates can normally be issued within ten working days. Authorized Representative A registered non-Hong Kong company is required to appoint an authorized representative (which may be a natural person resident in Hong Kong, a solicitors’ firm, a CPA firm, etc.) to accept on the company’s behalf service of any process or notice required to be served on the company. Post-registration Compliance Requirements A registered non-Hong Kong company is subject to less extensive continuing obligations than a Hong Kong company. The basic compliance requirements also include, among other things, the filing of (i) an annual return for which an annual registration fee is payable every year; (ii) statutory returns upon changes in its particulars registered at the Companies Registry; and (iii) tax returns. However, a notable difference when compared with a private company limited by
A non-Hong Kong company may carry on business in Hong Kong through a place of business in Hong Kong, commonly referred to as a “branch.” It is only an address at which the business is carried on and hence is not a separate legal entity from the non-Hong Kong company. Registration A non-Hong Kong company is required to be registered as a registered non-Hong Kong company within one month after the establishment of the place of business in Hong Kong by delivering the following documents with the prescribed fee to the Companies Registry: (a) Application for Registration as Registered Non-Hong Kong Company; (b) a certified copy of the instrument defining the company’s constitution (e.g., charter, statutes or memorandum and articles of association); (c) a certified copy of the company’s certificate of incorporation; (d) a certified copy of the company’s latest published accounts; and
ILN Corporate Group – Establishing a Business Entity Series
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