Company Secretary

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Corporate Secretarial Services in Hong Kong2023-08-11T08:55:08+00:00

Having a Company Secretary is required by the laws of Hong Kong before you set up a company. It is crucial to ensure that the Company Secretary recruited is one of caliber to keep your business on track and in compliance with the laws of Hong Kong. The company secretary is a vital figure in ensuring effective governance and compliance within a company. They play a key role in maintaining records, organizing meetings, and providing expert guidance on corporate governance matters.

Stay compliant after setting up your company with our reliable corporate secretarial services in Hong Kong. Forget about worrying about breaking laws or missing essential deadlines – let us be your guide.

Company Secretary in Hong Kong: What You Need to Know

It is mandatory for a company to recruit a Company Secretary before its formation, as stated in the laws of Hong Kong:

Hong Kong Companies Ordinance (Chapter 622) Corporate Governance Code
Section 474: Every company must have a company secretary, and the first appointed secretary is the person named in the incorporation form submitted to the Registrar during the company’s registration. Section F: For public listed companies, it is mandatory to appoint a company secretary in Hong Kong, even if they are not incorporated in Hong Kong.

Failure to adhere to the law above will result in legal liabilities such as the inability of the company to be registered, or financial penalties.

Roles and Responsibilities of a Hong Kong Company Secretary

In Hong Kong, a company secretary plays a crucial role as the official representative of the business and ensures full compliance with legal requirements. Despite the title “secretary,” their responsibilities go beyond clerical duties. Among others, these are the key responsibilities of a Company Secretary:

Administrative Matters:

This is the primary role of a company secretary. As the critical business logic- contracting, clearing, settling, and record-keeping tasks that are foundational to all forms of business such as:

  • Ensuring proper recording, publication, and sharing of company reports, accounts, and changes in company details with shareholders and directors.
  • Ensuring the company adheres to strategic goals, policies, and relevant laws and regulations that impact its business structure.
  • Some may provide assistance on operational matters like the opening of a bank account, finding licenses required for operation, etc.

Liaison Matters:

Handling all communication with the government and shareholders, and receiving official correspondence on behalf of the company.

Meeting Management:

Organizing and attending general and board meetings, recording minutes, and ensuring compliance with government company laws.

Share Management:

Handling the distribution and transfer of company shares among shareholders.

Annual General Meeting, Returns, and Tax Obligations:

Preparing and filing annual returns, obtaining required signatures, and fulfilling tax obligations.

Check Your AGM & Annual Filing Due Date

Check your next AGM and annual filing due dates.

Name:
UEN:
Annual Return:
Annual General Meeting:
  • Current year AGM due date:
  • Current year Annual filing due date:

Who Can Be a Company Secretary?

General Requirements

According to Section 474 of the Hong Kong Companies Ordinance:

  • A company secretary must be either a natural person or a corporate body.
  • If the company secretary is a natural person, they must ordinarily reside in Hong Kong.
  • If the company secretary is a body corporate, it must have its registered office or a place of business in Hong Kong.

Director

According to Section 475 of the Hong Kong Companies Ordinance, a Director is generally allowed to become a Company Secretary, subject to certain conditions.

For example:

  • This permission does not extend this permission to private companies with only one director.
  • If a corporate body is the company secretary, and its sole director is also the sole director of the private company, this arrangement is not allowed.

Besides that, Section 476 states that certain actions cannot be performed by the same person acting as both a director and a company secretary to maintain proper separation of roles.

How to Appoint a Company Secretary?

To report the appointment or cessation of a company secretary, submit Form ND2A “Notice of Change of Company Secretary and Director (Appointment/Cessation)” within 15 days after the appointment or cessation for registration.

How Our Company Secretary Services Can Help You

Our Company Secretary services are outsource support services provided with years of experience. We are proficient in secretarial duties and can assist you or your team with administrative tasks and other areas where their help is required. Additionally, we ensure stability in the role. Unlike hiring an in-house secretary who may take extended leave, outsourcing your secretary ensures the position remains filled without any vacancy. If the deployed secretary is unavailable for a short period, the firm is likely to provide a substitute.

Your Questions, Answered

We’ve handpicked the top questions that we get asked a lot when it comes to company secretary in Hong Kong.

What are the prerequisites to be a company secretary in Hong Kong?2021-06-10T06:46:16+00:00

The choice of who becomes a company secretary is critical for the success of the company. The professional qualifications must be taken into consideration. Other things to be considered are as below:

  • Must be above 18 years
  • Have be a Hong Kong resident
  • Reliable
  • Possess company service provider license
  • Have good interpersonal skills
What is the importance of a Company Secretary?2021-06-10T06:46:24+00:00

A company ecretary certifies all documents for the company. E.g., certificate of incorporation.

What are the registration requirements for those who serve as a Company Secretary in Hong Kong?2021-06-10T06:46:39+00:00

For a natural person to be appointed as a company secretary, he/she must present their identification documents such as a passport or a Hong Kong Identity Card. If they have changed their names, then they also provide documentation for the former names. He/she must also provide an address.

Is a foreigner allowed to serve as a Company Secretary?2021-06-10T06:46:49+00:00

It depends. For one to serve as a company secretary in Hong Kong, he/she must be a resident. A foreigner who has attained a permanent resident of Hong Kong can serve as a company secretary in Hong Kong.

Can I act as a secretary in my Company?2021-06-10T06:47:16+00:00

Yes, you can be a secretary in your Hong Kong Company as long as you are a resident in Hong Kong and not the sole director of your Company. 

Can a Director be a Company Secretary in Hong Kong?2021-06-10T06:47:02+00:00

No, a director cannot serve as the company secretary in Hong Kong. 

Does every company in Hong Kong need a Company Secretary?2021-06-10T06:47:38+00:00

Yes, every company in Hong Kong is required to have a company secretary. The company secretary can either be hired through the company’s own search for one or by using the services of a corporate secretarial firm. 

Articles about Company Secretary

Equip yourself with business knowledge to ensure that you engage the right company secretary for your business and how you can stay compliant with Hong Kong’s Company Ordinance and Corporate Governance Code.

Hong Kong’s Working Visa Specialist

At Paul Hype Page, we understand that each business has its distinct needs, and we customize our corporate secretary services to suit your specific requirements. Whether you run a small start-up or a multinational corporation, our committed team will collaborate closely with you, delivering top-notch service to ensure your company’s compliance and peace of mind.

Local Expertise and Tailored Support:

Paul Hype Page’s dedicated team of experts with over 13 years of experience in Hong Kong corporate laws and regulations ensures reliable and customized support to meet your specific needs.

Timely Compliance Assurance:

We prioritize meeting deadlines and pride ourselves on never missing any. Trust us to handle your company’s secretarial matters promptly and efficiently, avoiding penalties and legal issues.

24/7 Digital Access:

Our convenient digital platform grants you seamless access to our services. You can submit documents, access essential information, and communicate with our team at any time, ensuring flexibility and convenience.

Comprehensive Services:

From company incorporation to ongoing compliance, Paul Hype Page offers a full range of company secretary services. We provide end-to-end support, efficiently handling all your secretarial requirements.

Client-Centric Approach:

Our focus is on you, the client. We deliver personalized attention and support, understanding your unique business needs and providing tailored solutions. Building long-term relationships based on trust, transparency, and exceptional service is our priority.

Proven Reputation:

With a strong track record of serving diverse clients in various industries, Paul Hype Page has earned a reputation as a reputable and trusted service provider. Our satisfied clients and positive testimonials attest to our commitment to excellence and service quality.

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