Archive for March, 2008

Setting up a Representative Office in China

Tuesday, March 25th, 2008

Requirements of setting up a representative office in China are as follow:

  1. A reference letter from the bank in Hong Kong confirming that the balance in the account meets the minimum balance requirement;
  2. For Hong Kong company, certification of the incorporation documents by a Chinese government recognized lawyer;
  3. a lease of an office space for the representative office in the city where you want to set up the office
  4. your resume.
  • Shenzhen: minimum balance: HKD $100,000, process time: 1-1.5 months
  • GuangZhou: minimum balance: HKD $10,000, process time: 3 months
  • JiangMen: minimum balance: HKD $100,000, process time: 30-35 working days
  • Beijing : minimum balance: HKD $100,000, process time: 35-40 working days

有关2008-2009之商业登记费

Wednesday, March 19th, 2008

政府把二零零八年至二零零九年之商业登记费降低超过$2,000元. 新收费有效期为二零零八年四月一日至二零零九年三月三十一日, 所有公司的成立日期或周年日期是该段期间的, 新商业登记费为港币 $450.

从二零零八年四月一日起, 我们亦会跟随政府把公司成立费用在有效期内减$2,000元. 但需注意一些在二零零八年四月一日前成立的现成公司今年必须交原有费用 (即港币 $2,600), 在下年更新商业登记时才付新费用.

如果你想第一时间受惠, 请提供公司册资料给我们, 并在三月廿七日前把签署了的文件交回及付款.我们就会在三月廿八或三十一日把文件递上政府. 注意由於新收费可能带来混乱, 注册公司时间可能超过六个工作天.

我们建议在以下情况下不需等待新收费:

* 如果你要立即开业;
* 如果你有一个很好的公司名;
* 如果你想避免因新收费所带来的混乱.

更多有关2008-2009之商业登记费可在这找到: http://www.ird.gov.hk/chi/ppr/archives/08022702.htm

有關2008-2009之商業登記費

Tuesday, March 18th, 2008

政府把二零零八年至二零零九年之商業登記費降低超過$2,000元. 新收費有效期為二零零八年四月一日至二零零九年三月三十一日, 所有公司的成立日期或周年日期是該段期間的, 新商業登記費為港幣 $450.

從二零零八年四月一日起, 我們亦會跟隨政府把公司成立費用在有效期內減$2,000元. 但需注意一些在二零零八年四月一日前成立的現成公司今年必須撽交原有費用 (即港幣 $2,600), 在下年更新商業登記時才付新費用.

如果你想第一時間受惠, 請提供公司註冊資料給我們, 並在三月廿七日前把簽署了的文件交回及付款.我們就會在三月廿八或三十一日把文件遞上政府. 注意由於新收費可能帶來混亂, 註冊公司時間可能超過六個工作天.

我們建議在以下情況下不需等待新收費:

  • 如果你要立即開業;
  • 如果你有一個很好的公司名;
  • 如果你想避免因新收費所帶來的混亂.

更多有關2008-2009之商業登記費可在這裏找到: http://www.ird.gov.hk/chi/ppr/archives/08022702.htm

Regarding the new Business Registration fee

Tuesday, March 18th, 2008

The Hong Kong government has proposed to reduce the total business registration fee by HKD $2,000. If the proposal is approved by the Legislative Council (of that we are 95% certain), the new fee will be effective between April 1st 2008 to March 31 2009.

Accordingly, we will reduce our packages’ prices by HKD $2,000. Note that any shelf company incorporated before April 1st 2008 will not be benefited by the new reduced fee this year. However, the new fee will apply when the business registration is renewed next year.

If you want to enjoy the saving as soon as the new prices take effect, please provide the incorporation information to us now, and return all signed documents and make the payment on or before March 27th, and then we will submit the incorporation documents to the government on March 28th / 31st. Please note that as the whole incorporation system may be stressed out, we may not be able to meet the six-day incorporation goal.

You may want to incorporate the company now:

  • If you want to conduct business immediately;
  • If you have a good name for the company;
  • If you want to avoid potential chaos, as we expect lots of businesses at the beginning of the period.

More information about the new business registration fee can be found here: http://www.ird.gov.hk/eng/ppr/archives/08022702.htm

Note that if the proposal is rejected or if the reduction is less than the one mentioned above, the prices will remain unchanged or will be adjusted based on the reduction.

CR on Witnessing of the M&A

Wednesday, March 5th, 2008

Dear Registrar:

I purchased the book “Hong Kong Company Law 11th edition” on Saturday and have been reading it. I have a question regarding signatures witness in the memorandum.

On p. 45:

“The memorandum must be signed by each founder and if the memorandom is not in the form of an electronic record, their signatures must be witnessed. Otherwise each founder member must authenticate his signature as directed by the Registrar (s6).”

However when I go to the Laws Information System, s6:

“The memorandum shall be signed by each subscriber in the presence of a witness who shall attest the signature by signing his name and stating his occupation and address in legible form.” The section does not mention anything about “memorandum in the form of an electronic record.”

Would you give me more references (such as cases or other other sections of the ordinance or anything) that could give me more detail about “memorandum in the form of an electronic record.” and how the Registrar authenticates the signature of each founder if the memorandum is electronic (such as in the pdf format)?

Thank you.

Eric

Reply:

Dear Mr. Lee,

Section 6 of the Companies Ordinance, Chapter 32, Laws of Hong Kong has been, among other provisions, amended by the Companies (Amendment) Ordinance 2004 (Ord. No. 30 of 2004). However, the provisions relating to �}’electronic record’�} have not come into operation. The amendments shall only come into operation on a day to be appointed by the Secretary for Financial Services and the Treasury by notice published in the Gazette. Since filing of incorporation documents in electronic format has not yet been implemented, I cannot advise you on how the signature of each founder member should be authenticated at this stage.

Contents of the Companies (Amendment) Ordinance 2004 are available at the }’Services to Public’�} > �l’eGazette’ section of the Government Logistics Department website at www.gld.gov.hk.

Yours sincerely,

Registrar of Companies

The above paragraphs are reproduced with the permission of the Companies Registry. All Right Reserved.