Company Incorporation In Hong Kong- Process, Documents, Fees Required

 

 

Incorporation in Hong Kong is supervised by Companies Registry, a governing body in Hong Kong. This place is one of the most popular jurisdictions for company incorporation in Asia. Its business-friendly environment, strategic location, and robust legal framework make it an ideal place for entrepreneurs to establish their businesses.

Hong Kong stands as a global financial hub, renowned for its strategic location, robust legal framework, and dynamic business environment. For entrepreneurs and businesses seeking to establish a foothold in the heart of Asia, the process of company incorporation in Hong Kong offers a gateway to unparalleled opportunities. Whether driven by the allure of a well-established market, access to a skilled workforce, or the city's reputation for fostering innovation, the decision to incorporate a company in Hong Kong is a strategic one.

Hong Kong has come out as a prime destination for international business expenses. For more details regarding Company Incorporation In Hong Kong, you can connect our Incorporation Experts at Monitrix.

 

 

Why Incorporate a Company In Hong Kong?

 

Incorporation in Hong Kong serves you with few benefits. Some factors which makes Hong Kong favorite destination in the world for business owners are as follow:

• Strategic Location: Incorporation in Hong Kong provides access to booming markets of Asia Pacific and proximity to mainland china. After incorporation in Hong Kong, more than 30 countries treat your company favorably as they have bilateral trade agreements with Hong Kong.
• Business Freedom: The process of registering a company in Hong Kong is easy, quick, affordable, and practical as Hong Kong is another country across the world who has the freest jurisdiction on the planet, along with Singapore.
• Government Support: In the Republic of China, Hong Kong has a unique administrative structure. It can run its government more effectively and with greater authority
• Political Stability: Hong Kong provides a better and secure environment for business because of their stable political environment and strong rule of law. Hong Kong is appreciated by everyone for maintaining its social and political harmony.

 

 

Governing Body for Company Incorporation in Hong Kong

 

Companies Registry is the governing body in Hong Kong for companies incorporation. The Companies Registry is a government department under the Financial Services and the Treasury Bureau of the Hong Kong Special Administrative Region (HKSAR) Government.

Companies Registry includes few tasks & responsibilities such as:

 

• Company Registry: The Companies Registry is responsible for the registration of new companies in Hong Kong.
• Maintenance of Registers: It maintains various registers, including the register of companies, the register of directors and secretaries, and the register of charges.
• Filing and Disclosure Requirements: The Companies Registry requires companies to file certain documents and information on an ongoing basis. The Companies Registry ensures compliance with filing and disclosure requirements and imposes penalties for non-compliance.
• Enforcement of Company Law: The Companies Registry has the authority to investigate and take enforcement actions against companies that violate company laws and regulations.

 

 

 

 

 

Types Of Company Incorporation In Hong Kong

 

 

Before Beginning with the process of incorporation it is important to determine the most suitable type of company for incorporation. Following are the different types of company:

Private Limited Company

Private Limited Company has a share capital divided into shares, and the liability of its members is limited to the amount unpaid on their shares. A private limited company must have at least one shareholder and one director, who can be individuals or corporate entities. It is not permitted to offer its shares to the public.

Sole Proprietorship

Sole Proprietorship is a business owned & operated by an individual. The owner is personally liable for all the debts & obligations of the business. It is the simplest type of company to set up and manage easily. Sole Proprietorship is suitable for small business and freelancers.

Partnership

Partnership is a business structure where two or more individuals or entities collaborate & share profits, losses, and liabilities. Partners are jointly and severally liable for the partnership’s debts and obligations. General Partnership & Limited Partnerships are two main types of partnerships.

Branch Office

An extension of its parent company, a foreign company may open a branch office in Hong Kong. The branch office must submit specific reporting requirements and register with the Companies Registry. Typically, a branch office's responsibility is unrestricted and it shares legal status with its parent corporation.

Representative Office

Representative Office is a non-profit entity established to conduct market research, liaison, and promotional activities on behalf of a foreign company. It is not allowed to carry out profitable endeavors or make business agreements. It is constrained in what it can do and lacks legal personality.

 

 

 

Documents Required for Company Incorporation in Hong Kong

The list of documents required for Company Incorporation in Hong Kong are:

Type Of Company	Document Required
Private Limited Company	Proposed Company Name (ensure it is not already taken) Articles of Association - Standard or Customized Form NNC1 - Incorporation form of company limited by shares Form IRBR1 - Notification of Commencement of Business Identify and Address proof of directors and shareholders Registered Office Address Information about Share Capital Declaration of Compliance (Form NAR1)
Sole Proprietorship	Business Registration Certificate (Form 1) Personal Identification of the Sole Proprietor
Partnership	Partnership Agreement Business Registration Certificate Personal Identification of Partners Details of Business Partners
Branch Office	Certified Copy of Parent Company’s Certificate of Incorporation Certified Copy Of Parent Company’s Articles of Association Appointment of Authorized Representative Certified Copy of Parent Company’s Latest Audited Financial Statements Registered Office Address in Hong Kong
Representative Office	Application for Business Registration Certified Copy of Parent Company’s Certificate of Incorporation Registered Office Address in Hong Kong Authorization Letter from Parent Company

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Process Of Company Incorporation In Hong Kong

 

 

Step 1: Choose a Company Name

The first basic step of company registration in Hong Kong is selecting a unique name for your company which is not similar to any other already existing company. Make sure your company’s name comply with the guidelines of Hong Kong companies ordinance.

Step 2: Select your Business Entity Type

The next step is to select the type of your entity as there are so many types of entities in Hong Kong such as private limited company, sole proprietorship, partnership, branch office, representative office.

Step 3: Submit Required Documents

Once the company name is reserved, you need to prepare the necessary incorporation documents. These typically include Articles Of Association, Incorporation Form (Form NNC1), Notice to Business Registration Office (IRBR1), etc.

Step 4: Appoint a Company Secretary

For incorporation in Hong Kong, a business entity needs a secretary as per the law of Hong Kong. This secretary can be an individual resident or corporate entity in the state of Hong Kong. The secretary is responsible for ensuring compliance with legal and regulatory requirements.

Step 5: Submit Application

Once you arrange all the required documents then you need to submit an application for incorporation of your company in Hong Kong. You also need to provide other information about important members of your company to the Companies Registry.

Step 6: Certificate of Incorporation

After the company is incorporated, you must apply for a business registration certificate from the Inland Revenue Department within one month of commencing business activities. This certificate allows the company to legally operate in Hong Kong. After obtaining the Business registration Certificate, the application can be filed for opening a bank account for business operations.

 

 

Fee Structure for Company Incorporation in Hong Kong

 

The required registration fee for company incorporation in Hong Kong is as follows:

Company Incorporation in Hong Kong	Registration Fee
Company Name Search & Reservation	HKD 295
Business Registration	HKD 2000 (per year)

Note: Other than that professional fees, annual compliance costs, additional services & other will be charged. Remember these fees vary depending on the type of your entity.

 

 

Laws For Incorporation In Hong Kong

 

 

While Incorporating your company in Hong Kong you need to follow some laws & rules for smooth functioning of your company. These Laws and Rules & Regulation are as follows:

• Companies Ordinance (Cap. 622): The main piece of law governing the incorporation of companies in Hong Kong is the Companies Ordinance. It outlines the requirements and processes required by law for the creation, filing, management, and dissolution of businesses.
• Business Registration Ordinance (Cap. 310): Every business operating in Hong Kong is required under the Business Registration Ordinance to register with the Business Registration Office within one month of opening for business.
• Companies Ordinance (Cap. 32): The winding-up (liquidation) processes for businesses in Hong Kong are covered under this legislation. It outlines the processes for voluntary winding-up, compulsory winding-up, and creditors' voluntary winding-up. Insolvency, receivership, and business rescue processes are also covered under its clauses.
• Companies (Disclosure of Address) (Amendment) Ordinance: Certain non-listed firms are required to declare their beneficial ownership information and keep a significant controllers register under this amendment, which took effect on March 1, 2018. This seeks to increase transparency while preventing the financing of terrorism and money laundering.
• Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO): Companies are required by the AMLO to put anti-money laundering and counter-terrorist financing procedures in place. Companies must carry out client due diligence, keep accurate records, and report shady transactions.
• Securities and Futures Ordinance (Cap. 571): The offering and trading of securities and futures contracts in Hong Kong are governed by this ordinance. It lays down standards for disclosure duties, the prospectus registration process, and license specifications for securities-related activities.

 

 

Conclusion

 

In conclusion, the process of company incorporation in Hong Kong is a strategic and rewarding endeavor for businesses and entrepreneurs alike. The city's unique blend of global connectivity, business-friendly policies, and robust legal framework provides an ideal foundation for establishing and growing a successful enterprise. As we have explored throughout this guide, Hong Kong offers a myriad of advantages, including a low and simple tax regime, access to a skilled and multilingual workforce, and a reputation for being an international financial and trade center.

Consult with Company Incorporation experts at Monitrix for company incorporation in Hong Kong.