Does Companies Ordinance Apply To Non-Hong Kong Companies?
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What Is Hong Kong Companies Ordinance?
The Hong Kong Companies Ordinance, often referred to as the Companies Act, serves as a foundational legal framework that defines the regulatory boundaries governing business activities conducted by companies in Hong Kong. This comprehensive legislation outlines the essential guidelines and provisions that businesses must adhere to while operating within the region. In the following text, we will provide you with crucial excerpts from the Hong Kong Companies Ordinance, as well as access to the complete legislative document to offer a comprehensive understanding of the regulations that shape the business landscape in Hong Kong.
What Is A Non-Hong Kong Company?
What is a non-Hong Kong company? A non-Hong Kong company refers to a foreign business entity that operates within the territory of Hong Kong without engaging in activities that create legal obligations, such as maintaining a representative office. In this context, establishing a place of business in Hong Kong for registration with the Registrar is not required for such entities. This means that foreign companies can have a presence in Hong Kong, like a representative office, without being subject to the formal registration process.
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Under section 776 of the Companies Ordinance, a non-Hong Kong company is required to register as a registered non-Hong Kong company within one month after the establishment of the place of business in Hong Kong.Hong Kong Companies Ordinance (Companies Act) is an official document stating the legal limits within which companies may do their business in Hong Kong. You will find below the key extracts from the Hong Kong Companies Ordinance along with the full act.Nature of Non-Hong Kong Company
A foreign company which has a presence in Hong Kong but does not create legal obligations (i.e. a representative office) is not considered as having established a place of business in Hong Kong for the purpose of registration with the Registrar.
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