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Jurisdictions - Hong Kong


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Hong Kong

General information 

Located in Eastern Asia, bordering the South China Sea and China. Hong Kong has a population of approximately 7,018,636. The official languages are Chinese and English and the currency used is the Hong Kong Dollar (HK$). Hong Kong’s legal system is based on the rule of law and the independence of the Judiciary. Its constitutional framework for the legal system is provided by the Hong Kong Basic Law. The Hong Kong Special Administrative Region legal system is based on English common law, supplemented by local legislation.Hong Kong Basic Law is similar to the common law systems used in English Canadian provinces. Hong Kong is a Special Administrative Region of the People’s Republic of China. However, Hong Kong has a high degree of autonomy and its government is financially independent from the Central People’s Government in Beijing, with responsibility for overseeing the affairs of Hong Kong. 

Types of company 

Companies incorporated in Hong Kong are established under the Companies Ordinance Chapter 32 and are Private Companies Limited by Shares.  

Company names 

Any company incorporated in Hong Kong must bear a name ending in Limited or Ltd.  No company can be incorporated with a name that is identical to, or closely resembles the name of a company already in existence.  Furthermore, names such as Bank, Trust etc will not be permitted.

Restriction on activities 

Hong Kong companies cannot undertake banking or insurance activities, nor can they solicit funds from or sell its shares to the Public. 

Approval of names & time required to incorporate a company 

The approval of names takes 24 hours, with a further 10 -12 working days required for the incorporation of the company.  

Share capital & government license fee 

The standard authorised share capital is HK$ 1,000, on which an annual Business Regsitration Fee of HK$ 2,600 is payable.  The share capital may be divided into different classes.  Bearer shares not are allowed. 

Company officers 

Shareholders: minimum of one who can be a physical person or a corporate entity. 

Directors: minimum of one who can be a physical person or a corporate entity. The director(s) can be of any nationality. 

Company Secretary: This is mandatory and can be a physical person or corporate entity, but must be located in Hong Kong. 

Registered Office & Registered Agent 

A registered agent is not required but a registered office must be maintained within Hong Kong.

Corporate records & public filings 

Hong Kong companies must keep registers of the company officers (shareholders, directors, company secretaries) and the registered offices at the registered office. Public filing of this information is required. A register of charges must also be kept at the registered office. A Business Registration Certificate must also be kept at the registered office. The disclosure of the beneficial owner(s) is not required.  Hong Kong companies are required to keep audited financial statements, which are submitted to the Inland Revenue, but are not on public record.

Corporate taxation 

Profits are taxed on a territorial basis, and apply to income derived from business carried on in Hong Kong. Onshore activities are taxed at a rate of 17.5% on net profits. There is no tax on capital gains, dividend or interest income. Also, there is no withholding tax except on royalties paid.

 

 

Outline Map: Source: http://www.worldatlas.com
 


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