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Company Registration in Hong Kong

FAQs on Hong Kong Company Formation

If you're thinking of starting a new company in Hong Kong, you're certain to have questions. At Vakilsearch, we'll provide you the answers you need and help you build your business.

Hong Kong is an Asian tiger that has significantly increased its economy in the competitive Asian market, which includes countries such as China and Japan. Hong Kong is a city on the South China Sea with enormous trade and business potential. This city offers reduced tax rates and colossal consumer markets due to an inflated export structure, the USP of tiger nations. FAQs on Hong Kong Company Formation

FORM A COMPANY IN HONG KONG

1. Is a Hong Kong Company Required to Obtain Any Business License After Incorporation?

The Companies Registry of Hong Kong overseas company incorporation. Additionally, certain business activities may need licenses or permits from other Government authorities. Examples include travel agencies, restaurants, employment agencies, fund managers, insurance brokers, lawyers, liquor distributors, moneylenders, banks, and childcare centers. After incorporating your Hong Kong company, you can apply for a business license. For further details, refer to Business licenses in Hong Kong.

2. How Long Does the Hong Kong Company Formation Procedure Take?

Typically, company incorporation in Hong Kong takes 5-7 working days. However, if you are overseas, it may take longer due to document signing and couriering logistics.

3. Do Companies Need a Hong Kong Partner to Incorporate a Company?

No, Hong Kong companies don't need a local shareholder or director. However, for statutory compliance, a corporate services provider is usually required. They act as company secretary, registered address agent, and handle annual filings. Nominee director and shareholder services are also available if needed.

4. Is a Local Registered Office Required for a Hong Kong Company? Can I Use My Home as the Place of Business of My Company?

Upon incorporation, every Hong Kong company must maintain a registered office in Hong Kong. This address serves as the company's legal location for notices and proceedings and can differ from its business address. Indeed, it is permissible to use your Hong Kong home address for conducting small-scale businesses.

5. Do I Need to Engage a Third Party to Help Me Incorporate in Hong Kong?

While it is not obligatory, incorporating a company in Hong Kong without any presence there can pose challenges. For instance, having a company secretary based in Hong Kong is a requirement.

6. Do Directors Need to Be Ordinary/Natural Persons?

A minimum of one director must be an individual, while other directors can be nominee companies.

7. Does Hong Kong Company Law Make a Distinction Between a Regular Director and a Nominee Director?

No, it does not differentiate between directors. Under Hong Kong company incorporation laws, all directors have equal responsibilities, including fiduciary duties. For further information on directors' duties, refer to Hong Kong Company as a Legal Entity.

8. How Much Does it Cost to Register Companies?

Unlike most service providers in the industry who charge for each step of the registration process, Sleek offers a comprehensive package at 3000 HKD for Hong Kong business registration. This all-inclusive fee covers every aspect, including incorporation forms, company name reservation, director appointment, and share distribution. We are dedicated to supporting you throughout the entire registration journey.

9. Is the information regarding shareholders and directors of the business entity available publicly?

Yes. Hong Kong company incorporation laws necessitate the public disclosure of information about company officers, shareholders, company secretary, and directors. During the process of incorporating your business entity in Hong Kong, it is crucial to submit the company officers' details to the Companies Registry to prevent any legal issues. For those seeking confidentiality in their business operations, the option of hiring a nominee director and shareholder from a corporate service provider is available.

10. Can you change the name of a Hong Kong company after incorporation?

To alter a Hong Kong company name, a special resolution must be adopted. Following the resolution's passage, a Notice of Change of Company Name (Form NNC2) must be submitted to the Registrar within 15 days, either electronically or in hard copy.

11. Can a Hong Kong company hire foreign employees?

Yes, a Hong Kong company has the option to hire foreign employees to work within Hong Kong. Each employee requires an approved employment visa, which necessitates the company to file an application with the authorities. There are distinct employment visa schemes for various groups of employees: Non-local graduates with a degree or higher qualification from a locally accredited full-time program in Hong Kong. Individuals with foreign education, possessing special skills, knowledge, or experience that adds value and is not readily available in Hong Kong. Chinese residents with exceptional skills, knowledge, or experience that is valuable and not easily accessible in Hong Kong. It's important to note that the company must be incorporated before initiating the employment visa application process. For additional details, please refer to the Hong Kong Employment Visa Schemes.

12. Is a Hong Kong company required to have an annual turnover?

No, such a requirement does not exist.

13. Is there a stamp duty for allotment or transfer of shares for a Hong Kong company?

Stamp Duty on share capital, also known as capital duty in other countries, applies in Hong Kong as follows: No Stamp Duty on the allotment of shares. Stamp Duty is payable on the transfer of shares, including: Transfer by sale or purchase of any Hong Kong stock Transfer by gift of Hong Kong stock Transfer of any other kind The rates and time limits for stamping are as follows: For Contract Note for sale or purchase of any Hong Kong stock: 0.1% of the consideration or Net Asset Value, whichever is higher, on every sold note and every bought note. Stamp duty must be paid within 2 days after the sale or purchase if conducted in Hong Kong; within 30 days after the sale or purchase if conducted elsewhere. For transfers by way of gift: HKD 5 + 0.2% of the value of the stock. Stamp duty must be paid within 7 days after the execution of the transfer instrument if executed in Hong Kong; within 30 days after execution if executed elsewhere. For transfers of any other kind: HKD 5. Stamp Duty must be paid before the date of execution if executed in Hong Kong; within 30 days after the date of execution if executed outside Hong Kong. Note: There are certain exemptions for certain transfers related to stock borrowing and lending arrangements.

14. What currency can share capital be in?

The majority of currencies are accepted, with the Hong Kong dollar being the most prevalent, while China's Renminbi (RMB) is gaining popularity.

15. Is shareholder and director information made publicly available?

Yes, it is possible. Nevertheless, confidentiality can be preserved by employing a nominee company to hold shares and act as a director. It is essential to note that authorities can access the true identity of any individual or company that exercises control over a Hong Kong company through the Significant Controllers register.

16. Is it easy to close a company in Hong Kong?

There are two main approaches to dissolve a company in Hong Kong. The first method is deregistration, which involves ceasing trading for a minimum of three months, clearing all debts, and obtaining consent from all shareholders.

Conclusion

You should now have a better understanding of the prerequisites for forming a business in Hong Kong and how to complete the registration process. If you are looking for an excellent business environment with no restrictions of business scope, world-class infrastructure, and a well-founded internet banking system, look no further.

Hong Kong is an excellent place to incorporate a business entity because of its strategic location in south-eastern China and in the heart of Asia. The city’s tax structure is straightforward, with no withholding tax, VAT, or capital gains tax. Are you ready to launch a business venture in Hong Kong?

If that’s the case, choose the type of business organization you want to form and employ professionals like Vakilsearch to help you with the rest.

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