As one of the most important financial centers in the world, Hong Kong has an extremely comprehensive legal system and a very advantageous tax rate. The Hong Kong SAR has been ranked as the world's freest economy by the Heritage Foundation for 25 consecutive years. The characteristics of its economic freedom are not favored by investors from all over the world, and they have registered in Hong Kong companies. However, starting from August 1 this year, Hong Kong law will require non-Hong Kong companies operating in Hong Kong to disclose their details.
What is a non-Hong Kong company?
Non-Hong Kong companies, that is, companies established outside Hong Kong, China, need companies with a place of business in Hong Kong. For example: Samoa, Cayman, BVI, the United States, the United Kingdom, and Chinese companies to the Hong Kong government filing company. Because Hong Kong is used in a highly liberal economic environment, it has attracted countless non-Hong Kong companies. According to relevant statistics, 90% of companies listed on the Hong Kong Stock Exchange are from outside Hong Kong. Although non-Hong Kong companies are not registered in Hong Kong, they still do not affect their listing in Hong Kong.
The free business environment in Hong Kong is relative. According to the relevant management regulations, non-Hong Kong companies must operate in Hong Kong and must undergo corresponding registration procedures before they can conduct business in Hong Kong. At the same time, with the gradual and in-depth implementation of the CSR Agreement in Hong Kong, Hong Kong has placed higher demands on the standard operation and information disclosure of non-Hong Kong companies.
Non-Hong Kong companies need to disclose details
In the first half of the year, there were 462 non-Hong Kong companies with business locations in Hong Kong and registered under the Companies Ordinance. There were 408 non-Hong Kong companies in the second half of last year. As of the end of June, the total number of non-Hong Kong companies registered was 10,190. The rise in the number of non-Hong Kong companies has made the Hong Kong government need to regulate its operations.
Since August 1, Hong Kong has officially implemented the "Non-Hong Kong Company (Disclosure of Company Name, Limited Liability for the Place and Members of the Corporation) Regulations. Non-Hong Kong companies are required to disclose the company name and the place where the corporation is incorporated. And state the limited legal liability of its members.
Under this provision, non-Hong Kong companies must continue to display their names and establish OC location information in a location that is easy to view at their business (office) location, in a readable and conspicuous manner. In addition to displaying the information to Hong Kong companies in a conspicuous manner at the business location, non-Hong Kong companies are required to read the name of the company and the place where the corporation is located in each communication document and transaction instrument.
For non-Hong Kong companies that are in the process of liquidation, they must also indicate this in the display information by adding "in liquidation" or "in-progress" to the non-Hong Kong company name in the language in which the company was registered.
In the SCR environment, non-Hong Kong companies need to do a good job of information disclosure for Hong Kong policy review. If a non-Hong Kong company fails to disclose and display information within the stipulated time, it will be punished. The company's responsible person and company secretary are deemed to be guilty of crimes and may be punished by a fine of up to 10,000 Hong Kong dollars.