In Hong Kong, every limited company is required to appoint a company secretary. The company secretary is a statutory position in Hong Kong’s corporate system. The company secretarial Hong Kong services cover the following areas such as submitting annual returns on a regular basis, delivering other required forms to the Companies Registry about the changes of the company and formulating the company's internal meeting minutes and resolutions for the company's directors/shareholders etc.
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Setting up a Hong Kong company requires a commercial address. However renting a Hong Kong office has been well-known for its expensive price.
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Section 475(2) of the Companies Ordinance (Cap. 622) restricts the sole director from acting as the company secretary. Also, section 475(3) of the Companies Ordinance (Cap. 622) states that private company having only 1 director should not have a body corporate as its company secretary if the director of that body corporate is the sole director of private company at the same time.
Company secretary could be either a natural person or a body corporate. In addition to appointing a person (who is required to be Hong Kong permanent resident) as the company secretary, you can also appoint a body corporate (that is, a limited company with a "registered address" or "business address" in Hong Kong) as the company secretary. The company secretarial Hong Kong services provided by StartupCow range from one-year service package to one-off services according to your needs. Please contact us at 3895 5666 for more details.
Section 118(5) of Schedule 11 to the Companies Ordinance (Cap. 622) states that in the case of a company secretary of an existing company who is a natural person, the address of the company’s registered office is regarded as the correspondence address of company secretary Hong Kong.
The Registrar of Companies must record the address of the company's registered office as shown on the register of companies before the commencement date of the section (i.e. 3 March 2014) as the correspondence address of the company secretary Hong Kong.
You should deliver Form ND2A to report the appointment of company secretary or company secretary resigning to hold office within 15 days after the appointment or cessation for registration.
Form ND2B has to be filled and submitted for reporting this change in particulars of company secretary not longer than 15 days after the change.
If the company has already submitted Form ND2A about the resignation, it is not required for the resigning company secretary to report the changes again. It is only when the resigning company secretary is believed to have not noticed the Registrar of Companies about this change that a Form ND4 should be submitted again.