company secretary jobs hong kong Fundamentals Explained

company secretary jobs hong kong Fundamentals Explained

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(4) If somebody is charged by having an offence beneath subsection (three), It's really a defence to ascertain which the member or member’s own representative (as the situation could be) experienced Formerly designed Yet another need to the document worried and were delivered by using a copy on the doc. Part: 436 Requirement in connection with publication of financial statements and so forth.

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Section: 468 Avoidance of provisions preserving director from liability L.N. 163 of 2013 03/03/2014 (1) This section relates to a provision contained within a company’s articles, or within a agreement entered into by a company, or otherwise. (two) If a provision purports to exempt a director with the company from any liability that would if not attach into the director in reference to any carelessness, default, breach of responsibility or breach of belief in relation to your company, the provision is void. (3) If, by a provision, the company straight or indirectly delivers an indemnity for your director with the company, or a director of the connected company of the company, in opposition to any legal responsibility attaching to the director in connection with any negligence, default, breach of obligation or breach of believe in in relation to the company or associated company (as the case could possibly be), the provision is void. (four) Subsection (3) would not protect against a company from getting out and holding in force coverage for the director with the company, or simply a director of an affiliated company in the company, versus— (a) any liability to any person attaching to your director in reference to any carelessness, default, breach of obligation or breach of have faith in (apart from fraud) in relation for the company or related company (as the case could possibly be); or (b) any legal responsibility incurred via the director in defending any proceedings (irrespective of whether civil or criminal) taken against the director for virtually any negligence, default, breach of obligation or breach of belief (including fraud) in relation to your company or involved company (as the case could be).

(1) For the applications of the Ordinance, an endeavor can be a subsidiary endeavor of One more endeavor if that other enterprise is usually a father or mother endeavor of it. (2) For that reasons of the Ordinance, an endeavor is likewise a subsidiary enterprise of Yet another enterprise if a father or mother undertaking of It's a subsidiary enterprise of that other undertaking.

L.N. 163 of 2013 03/03/2014 (1) This section applies in relation to your Unique resolution to confer, differ, revoke or renew the authorization for your variation agreement under section 254. (two) A copy of your proposed variation arrangement (if it is in writing) or perhaps a memorandum supplying details of your proposed variation agreement (if It's not) should be built available to users— (a) in the situation of a composed resolution, by currently being despatched to every member on the company at or prior to the time if the proposed resolution is distributed to them; or (b) in the case of a resolution proposed at a meeting, by remaining made readily available for inspection by associates with the company— (i) within the company’s registered Office environment or at a location prescribed by regulations created beneath segment 657, for a period of not lower than fifteen times ending over the date in the meeting; and (ii) at the Conference.

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L.N. 163 of 2013 03/03/2014 (one) With no prescribed approval of its customers, a specified company will have to not— (a) make a mortgage or quasi-bank loan to an entity linked that has a director from the company; or (b) give a guarantee or provide safety in connection with a mortgage or quasi-financial loan made by any person to an entity related with this type of director. (2) With no prescribed approval of its users and the prescribed approval of your holding company’s members, a specified company will have to not— (a) produce a mortgage or quasi-personal loan to an entity connected having a director of a Keeping company from the company; or (b) provide a assurance or deliver stability in reference to a financial loan or quasi-personal loan made by anyone to an entity connected with such a director.

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Section 57C with the predecessor Ordinance, as in drive immediately in advance of its repeal, carries on to apply to shares purportedly issued or allotted ahead of the commencement date* of area 146. 21. Permitted commissions

Cap 622 - Firms Ordinance 178 (b) if a overall body corporate, have its registered Business or an area of business in Hong Kong. (five) Nearly anything essential or approved to be finished by or into the company secretary could be carried out— (a) In case the Office environment is vacant or There may be for almost every other motive no company secretary effective at acting, by or to any assistant or deputy company secretary; or (b) if there isn't any assistant or deputy company secretary able to performing, by or to any officer from the company licensed normally or specially in that behalf by the administrators. Section: 475 Circumstances beneath which director may not be company secretary

(three) If your Registrar is of the viewpoint that a letter underneath subsection (1) is unlikely being acquired via the registered non-Hong Kong company, the Registrar may, rather than sending a letter under that subsection, publish during the Gazette a observe that, Except result in is demonstrated on the contrary, the company’s identify will probably be struck off the Companies Sign-up, as well as the company will no longer become a registered non-Hong Kong company, at the end of three

Section: 691 Shares to which takeover present relates L.N. 163 of 2013 03/03/2014 (1) With the uses of the Division, if, after a takeover give is made but ahead of the finish of the offer you period, the offeror acquires, or contracts unconditionally to acquire, any of your shares to which the provide relates but will not do this by virtue of acceptances on the give, These shares are not for being thought to be shares to which the offer you relates. This subsection has influence topic to subsection (two). (two) With the purposes of the Division, Individuals shares are for being considered to be shares to which the takeover supply relates, plus the offeror will be to be considered to be obtaining acquired or contracted to acquire them by advantage of acceptances of that offer, if— (a) the value of your thought for which the shares are obtained, or contracted for being obtained, at time in the acquisition or deal, won't exceed the value from the thing to consider specified in the conditions of offering; or (b) Individuals conditions are subsequently revised to ensure that if the revision is introduced, the worth on the thing to consider for which the shares are acquired, or contracted to generally be acquired, at some time on the acquisition or contract, no

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