We have a “no-hidden” charge policy. We do not charge for filing NAR1 form with the Companies Registry. It is mandatory for all companies to file NAR1 every year while there are always miscommunications between company owners and their incorporation agents. A lot of foreign investors have to pay couple of thousands of penalty due to confusion.
Chapter 622 regulates process in setting up a Hong Kong limited company. As per Section 474 of the Hong Kong Companies Ordinance, a private company must have a company secretary, which is a Hong Kong citizen or a body corporate which has its registered office in Hong Kong. Hence, it is mandatory to look for a company secretary before you start the incorporation process.
While some people may see the appointment of company secretary as a mere parking service, a professional company secretary can offer you comprehensive support which allows your company to operate efficiently without physical presence in Hong Kong.
A Hong Kong company must deliver its annual return NAR1 form to the Companies Registry for registration within 42 days after the anniversary date of the company’s incorporation in that year. It is an offence if the company fails to deliver the document within the prescribed time period. From our experience, many owners will forget the date of filing and they end up receiving a substantial amount of penalty from the Hong Kong Government.
To call a general meeting, Companies in Hong Kong needs to observe some basic rules as per section 571 of Companies Ordinance. A general meeting, other than an adjourned meeting, must be called by notice of at least 14 days. If it is in the case of an AGM, the notice must be of at least 21 days.
If a company’s articles require a longer period of notice, a general meeting must be called in accordance with that period. However, in the event of a short period of notice, i.e. shorter than either the periods stated above or the period required by the company’s articles, the meeting is still to be regarded as duly called if it is agreed by all members entitled to attend and vote at the meeting (*AGM).
A Hong Kong limited company must give notice of the meeting in hard copy or electronic form, or by making the notice available
Section 548 states all members are required to agree to a written resolution. Shareholders’ decision must be unanimous. If the resolution is passed, the company must then, within the next 15 days, send notice of this fact to every member of the company.