hong kong company secretary exam Secrets
hong kong company secretary exam Secrets
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If the Shareholder as well as Director is similar particular person or precisely the same company,then a third party (person or company) need to be appointed as company secretary.
(3) A resolution handed with a poll taken in a general Conference is handed by a straightforward greater part whether it is handed by users symbolizing a straightforward the vast majority of the entire voting rights of all the associates who (being entitled to do so) vote in human being or by proxy around the resolution. (4) Anything that may be accomplished by a standard resolution may also be performed by a Unique resolution. Section: 564 Specific resolution L.N. 163 of 2013 03/03/2014 (one) A Distinctive resolution in the customers (or of a category of members) of the company suggests a resolution which is handed by a greater part of at the least 75%. (2) A resolution handed in a standard Conference on the present of fingers is handed by a bulk of not less than 75% whether it is handed by at the very least seventy five% of the overall of the next— (a) the number of the associates who (currently being entitled to take action) vote in man or woman within the resolution; (b) the quantity of the individuals who vote within the resolution as duly appointed proxies of customers entitled to vote on it. (3) A resolution handed with a poll taken at a general meeting is handed by a the vast majority of no less than 75% if it is passed by associates representing a minimum of 75% of the whole voting legal rights of many of the users who (currently being entitled to take action) vote in man or woman or by proxy on the resolution. (4) If a resolution is passed in a normal Assembly— (a) the resolution is not really a Distinctive resolution unless the notice on the Conference involved the textual content of your resolution
Cap 622 - Corporations Ordinance 342 (b) to offer detect to your Registrar of any matter. (two) The Registrar, or even a member or creditor with the company, could provide a discover to the company or officer demanding the company or officer to comply with the need. (3) Should the company or officer fails to create fantastic the contravention in fourteen days immediately after service from the discover, the Court may possibly, on software with the Registrar, or by a member or creditor of the company, make an buy— (a) in the case of the contravention by the company, directing the company and any officer with the company to help make excellent the contravention in the time specified in the purchase; or (b) in the situation of the contravention from the officer, directing the officer to create good the contravention inside the time specified in the purchase.
Section IVAA in the predecessor Ordinance, as in drive immediately prior to its repeal, carries on to use in relation to— (a) an software produced ahead of the commencement day* of Division 4 of Section 14 for leave to deliver or intervene in proceedings underneath area 168BC of your predecessor Ordinance, as in pressure promptly in advance of its repeal; and (b) if leave is granted to bring or intervene in proceedings, the proceedings so brought or intervened in. 127. Application for inspection of company’s records
Be careful not To combine up a “company secretary” by using a “secretary” who may possibly only cope with clerical duties. An officially appointed company secretary of the company plays a much more Superior purpose from the legal servicing of the company.
Remarks: Not however in operation (1) In the event the Registrar is for making a safeguarded address readily available for general public inspection beneath portion 55(1), he or she must move forward just as if— (a) a detect were sent to the Registrar for registration underneath segment 645(four) stating that the correspondence tackle from the director is changed for the protected address; or (b) a return had been shipped to the Registrar for registration beneath section 791 stating which the correspondence handle on the director is changed towards the guarded handle. (2) The Registrar ought to give written recognize of having done so— (a) towards the director; and (b) for the company. (three) A published recognize should also point out the choice day in relation for the guarded address. (4) A penned see beneath subsection (2)(a) have to be sent for the director— (a) at the protected address; or (b) if it seems to the Registrar that service within the secured deal with will not be effective to provide it towards the detect on the director, within the related correspondence address in the director. (5) On receipt of a composed see, the company should enter the protected address in its sign up of directors because the correspondence address on the director. (six) If, inside five decades right after the decision day to get a guarded deal with, the director notifies the company of Yet another deal with as his or her common household handle— (a) the company must enter that other handle in its sign up of directors as the same old household handle as well as correspondence deal with with the director; and (b) the company need to continue Along with the recognize or return less than segment 645(four) or 791 as if the correspondence handle with the director was also changed to that other address.
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Cap 622 - Companies Ordinance 189 (b) provide a ensure or provide stability in connection with a quasi-mortgage produced by any person to such a director. (three) Regardless of subsection (two)— (a) a specified company may perhaps enter into the transaction with just the prescribed acceptance of its associates if the holding company is incorporated outside the house Hong Kong; and (b) a specified company may well enter in to the transaction with just the prescribed approval with the holding company’s users whether it is a completely owned subsidiary of your holding company, as well as Keeping company is incorporated in Hong Kong. Part: 502 Specified company have to not make loan or quasi-personal loan and so on. to related entity
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(2) The doc or details is shipped or supplied to that other man or woman for the reasons of the applicable provision If your doc or information is sent or provided— (a) by hand to that other person; or (b) by hand or by submit to an tackle laid out in section 825. (3) For your needs of the relevant provision that authorizes or requires the document or info being authenticated, the doc or information is sufficiently authenticated if it is signed by a director or company secretary of the company or by an officer in the company authorized for your intent. (four) If your doc or info is shipped or supplied by an individual on behalf with the company to a different company, subsection (3) would not influence any provision of that other company’s content articles less than which that other company might demand realistic evidence of the individual’s authority to act on behalf on the company for which the document or info is distributed or provided. (five) In case the document or info is shipped or equipped to that other man or woman to the purposes of the relevant provision, it truly is to become regarded as remaining received by that other man or woman— (a) the place the document or details is sent or equipped by write-up, at enough time specified in section 824, Except the Opposite is proved; or (b) where by the doc or info is shipped or supplied by hand, at the time if the document or information and facts is sent. Part: 833 Communication by the use of Web site L.N. 163 of 2013 03/03/2014 (one) Subject to subsection (2), this portion applies if a doc or data is sent or supplied by a company to another person by rendering it out there on an internet site. (two) This part isn't going to implement In the event the document or information is shipped or provided by a member of the company on the company. (3) The document or data is shipped or provided to that other man or woman for that purposes of the relevant provision if— (a) that other particular person— (i) has agreed, commonly or exclusively, the document or info could be sent or supplied because of the
L.N. 163 of 2013 03/03/2014 (1) Without the prescribed acceptance of its members, a specified company will have to not— (a) enter right into a credit history transaction as creditor for— (i) a director in the company; or (ii) an entity linked with such a director; or (b) provide a promise or deliver security in connection with a credit history transaction entered into by anyone as creditor for such a director or an entity connected with such a director. (2) Without the prescribed approval of its associates along with the prescribed acceptance of your Keeping company’s members, a specified company will have to not— (a) enter right into a credit rating transaction as creditor for— (i) a director of a holding company of the company; or (ii) an entity linked with this type of director; or (b) give a guarantee or give stability in reference to a credit rating transaction entered into by any person as creditor for such a director or an entity connected with this type of director.
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