According to the Companies Ordinance (Cap. 32), appointing a company secretary is necessary when the company is incorporated.
The company secretary could be acting by a Hong Kong resident or a Hong Kong registered company. However, sole director of the corporate is not allowed to act the duty.
Its legal liability includes declaring organization structure, submitting the change of directors or shareholders to the government, preparing Annual Return, arranging board meetings and preparing minutes, etc.
Company Secretary Service
Company Secretary is a necessary to perform the legal liability, e.g. organizing the annual board meeting, declaring the change of directors, shareholders or any part of company organization and etc.
Conson Team provides professional advisory service as your back up and support to the government.
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Significant Controllers Registers
Since March 2018, Companies Ordinance is amended to require certain companies in HK to keep registers of persons who have significant control over the companies and provide for related matters.
Also, companies must designate at least one person as its representative to provide assistance relating to the company’s significant controllers register to a law enforcement officer.
Check the below link for more details:
Clause 9.1.1 – Failure to comply with the above obligations is a criminal offence. The company and every responsible person of the company are liable to a fine at level 4 (i.e. $25,000). Where applicable, there is a further daily fine of $700.
Clause 9.2 – A person who has received a notice relating to the Significant Controllers Registers issued by a company must comply with the requirements stated in the notice within one month from the date of the notice. Failure to comply with any of the requirements in the notice within 1 month from the date of the notice is a criminal offence. The notice addressee and every related person (if any) are liable to a fine at level 4 (i.e. $25,000).
As a professional in Company Secretary service, we are well prepared to assist.
Who could be appointed as a Company Secretary?
Under the Companies Ordinance, Company Secretary could be acting by a Hong Kong resident or a Hong Kong registered company. Sole director of the corporate is not allowed to act the duty.
What is the function of Company Secretary?
Company Secretary is also an assistant of corporate to handle all documents and communication with the government. Although it does not have the rights to control or any ownership, it is also responsible for company’s legal liability if the company break the Companies Ordinance.