how many shareholders and board directors are needed to register a HK company?
At least one shareho lders and at least one shareholders, a ged above 18 years old ( citizens of china or oversea personage with visas or ID cards). .
Do all HK companys need a local register address and local legal secretary legal secretary?
the Hongkong limited company must have a local register address and local legal secretary as the HK government regulated.; and the Hongkong unlimited company need a local register address and a local awarrantor.
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Do I Need a Lawyer to Incorporate?
No, a lawyer is not a legal requirement to incorporate.
You can even incorporate yourself by preparing and filing all the documents; however, it is a very time consuming job for a new business starter.
You also need to be thoroughly versed in the company laws of Hong Kong and their changes from time to time after incorporation.
You can use our service to incorporate to save your time and save money on lawyer fees. However, if you are unsure whether incorporation or which kind of business vehicles will benefit your business, or if you need to have tax planning consultation, we suggest you to consult a lawyer or accountant for their professional advice.
What Should I Name My Company?
Choose the name of your company carefully. It is very important that you portray the image you want for your new company. You are also required to avoid using any company name that may be too similar to any existing company or trademark.
A company name can be in English, in Chinese, or both in English and Chinese.
In cases where the liability of members is limited, whether limited by shares or guarantee, the name must end with "Limited".
A proposed company name cannot be the same as any of the existing name registered at the Companies Registry. For example, each group of company name below is considered the same
How Long Does it Take?
1. After you have completed our online order form and paid all service fees, you will receive a confirmation either by email, fax or voice call within 24 hours on the availability of your proposed company name.
2. You will receive a set of documents by UPS for you to sign within 1-2 days depending on your location.
3. After we have received your completed and signed documents, it normally takes 6 working days to issue the certificate of incorporation by the Companies Registry. The company is legally existed on the date printed on the certificate of incorporation.
4. It takes another 1 week to issue the business registration certificate by the Inland Revenue Department and to order company kit including M&A booklets, statutory book, share certificates, company chop and common seal.
What Are the Procedures to Incorporate?
1. Complete our order form online.
2. Pay the service fees according to our payment instructions.
3. Wait for the result of company name check by us.
4. Receive a set of incorporating documents by courier.
5. Sign all documents according to the instructions and send them back to us.
6. Receive a company kit by courier containing the certificate of incorporation, business registration certificate, statutory book, share certificates, company chop, common seal and M&A booklets.
How Can I Open a Bank Account in Hong Kong?
The procedure and the kind of documents required by each bank are somehow different. Please contact the bank directly to get more detail information.
Some banks required certified true copy of corporate documents for opening of bank account. We can provide them to you if needed.
The following is a list of major banks in Hong Kong. You can contact them for more information.
HSBC
Citibank
Standard Chartered Bank
Bank of China
Bank of East Asia
What Additional Licenses Do I Need?
Business registration certificate is a required business license for almost any type of business in Hong Kong. It is issued by the Inland Revenue Department of Hong Kong. If you incorporate through us, we will help you to apply for a business registration certificate for your business.
In some cases, you may also need to obtain additional licenses for your business. Please visit the homepage of Business License Information Service for more information
Do I Need a Lawyer to Incorporate?
No, a lawyer is not a legal requirement to incorporate.
You can use our service to incorporate to save your time and save money on lawyer fees. However, if you are unsure whether incorporation or which kind of business vehicles will benefit your business, or if you need to have tax planning consultation, we suggest you to consult a lawyer or accountant for their professional advice.
What Should I Name My Company?
Choose the name of your company carefully. It is very important that you portray the image you want for your new company. You are also required to avoid using any company name which may be too similar to any existing company or trademark.
A company name must be in Chinese.
A proposed company name cannot be the same as any of the existing name registered at the local Industrial and Commercial Bureau.
How Many Directors/Shareholders Do I Need?
The followings are the requirements to form and run a China company pursuant to the Companies Ordinance:
At least one directors.
At least one shareholders.
How many kinds of direct investment forms in China?
The direct investment, which is widely adopted, includes Sino-foreign joint ventures, joint exploitation and exclusively foreign-owned enterprises, foreign-funded share-holding companies and joint development. The other means of investment includes compensation trade and processing and assembling.
Can a representative office(RO) do business as its parent company?
It is of key importance to note that a representative office (RO) is not a separate legal entity. Rather, it is an extension of its parent company. A representative office may only engage in non-profit making activities. It has the freedom to carry out the following functions:
.Conduct research and survey for its parent company in the local market;
. Liaise with local and foreign contacts in China on behalf of the parent;
.Conduct research and provide data and promotional materials to potential clients or trading partners;
.Act as a coordinator for the parent company's activities in China;
.Make travel arrangements for parent company representatives and potential Chinese clients;
.Other non-direct profit making business activities.
What Documents are Required to register a Representative Office (RO) in China?
The procedures for establishing a Representative Office (RO) vary slightly in different areas of China and the procedures also vary in accordance with the places where the foreign companies are located. However, the basic procedures are much the same. The documents required for setting up a Representative Office (RO) are listed below:
1. The "establishment registration application form for resident representative offices of foreign (region) enterprises".
2. The approval document issued by the approval authority.
3. The photocopy of the legal business certificate and the original credit certificate of the foreign enterprise.
4. The appointment document of the (chief) representative of the resident representative office.
5. The articles of association and the member list of the board of director of the foreign (region) enterprise.
6. The articles of association and the member list of the board of director of the foreign (region) enterprise.
7. Other relevant documents and certificates.
What Documents are Required to setting up The Wholly Foreign Owned Enterprise (WOFE) in China?
1. An original copy of application letter signed by the Chairman of the Board (in printed form with company chop). a project proposal and feasibility study report ( in print and under the company seal).
2. Original copies of the application paper and the resolution by the Chairman of the Board of the foreign investor (in printed form signed by members of the Board and with company chop).
3. An original copy of leasing agreement with chop of the Housing Department.
4. Directors name list of board or management institution name list, importing equipment list.
5. Copies of the business licenses or certificates of incorporation of the foreign investor (usually with the permission chop from the Industrial and Commercial Administrative Bureau).
6. An original copy of the corporate ratification paper (2 copies in duplicate).
7. Two original bank credibility letters for the foreign investors, stating a 7-digits bank balance, issued within 6 months in both English and Chinese language.
8. A copy of the approval paper for corporate formation and other papers for company alterations (the original are required for check-up).
9. Notice of enterprise?|s name confirmation appraised by the Industry & Commerce Administrative Bureau.
10. Contracts and charter versions (signed by legal representative or Bailor).
11. An application form for company alteration;
12. A copy of the stub of corporate certificate of approval.
13. Whole set of materials for application of project establishment and approval documents (original) for project establishment.
What is Advantages of registering a WOFE in China?
1. Independence and freedom to implement the worldwide strategies of its parent company without having to consider the involvement of the Chinese partner.
2. Ability to formally carry on business rather than just a representative office function and capable of issuing invoices to their customers in RMB (Chinese Currency) and receive revenues in RMB.
3. Capable of converting RMB profits to US dollars for remittance to their parent company outside China
4. Protection of intellectual know-how and technology
5. Greater efficiency in its operations, management and future development.
What is Sino-foreign joint ventures in China?
Sino-foreign joint ventures are also known as share-holding corporations. They are formed in China with joint capitals by foreign companies, enterprises, other economic organizations and individuals with Chinese companies, enterprises, other economic organizations and individuals. The main feature is that the joint parties invest together, operate together, take risk according to the ratio of their capitals and take responsibility of losses and profits. The capitals from different parties are translated into the ratios of capitals, and in general the capital from foreign party should not be lower than 25%.
The Sino-foreign joint ventures are among the first forms of China's absorption of foreign direct investment and they account for the biggest part. At present they are still a great part in the absorption of foreign investments.
What is Cooperative business in China?
Cooperative business is also called contractual cooperation businesses. They are formed in China with joint capitals or terms of cooperation by foreign companies, enterprises, other economic organizations and individuals with Chinese companies, enterprises, other economic organizations and individuals. The rights and obligations of different parties are embedded in the contract. To establish a cooperative business, the foreign party, generally speaking, supplies all or most of the capital while Chinese party supplies land, factory buildings, and useful facilities, and also some supply a certain amount of capital, too.
What is Foreign-funded share-holding companies in China?
Foreign companies, enterprises, other economic organizations and individuals can form foreign funded share-holding companies in China with Chinese companies, enterprises, and other economic organizations. The total capital of the share-holding company is formed by equal shares , shareholders will take due responsibilities for the company according to shares purchased; company will take responsibilities for all its debts through all its assets and the Chinese and foreign shareholders will hold the shares of the company. Among them, the shares purchased and held by foreign investors account for more than 25% of the total registered capital of the company. Limited company can be founded either by means of starting-up or raising, and the limited liability company invested by the foreigners can also apply to turn into share-holding companies. The qualified enterprises can also apply to issue A & B share and list abroad.
Do I need do Annual Return every year after I registered a China company?
Any limited companies should summit annual return to the relevant authorities. Any company will be subject be to a fine if the Annual Return is not submitted in a timely manner.
WHAT IS OFFSHORE ?
Offshore business is about using the possibilities offered by countries (commonly known as jurisdictions), whose legislation allows for certain advantages (tax, confidentiality, company structure, etc.) to be used by non-residents.
What is asset protection?
Conventional asset protection is not hiding assets, defrauding creditors or evading income taxes. Asset protection is the positioning of assets to make them unattractive and legally unreachable by creditors, but available for financial goals and needs.
What is the meaning of offshore?
There are two common meanings for the word offshore. Literally, offshore means off or away from the shore. The Channel Islands are offshore from England and France; while Vanuatu is offshore from Australia. Offshore is also used to mean "foreign." Swiss banks are offshore relative to Americans; whereas Panamanian banks are offshore relative to Swiss.
What is offshore banking?
If a bank is located in a foreign country does not make it an offshore bank. An offshore bank must be specifically licenced as such under appropriate offshore banking legislation. Regular onshore banking is subject to the tax rules, foreign exchange rules and charges of whatever country the account is in. They are also subject to foreign exchange regulations and are not covered by the offshore banking confidentiality and asset protection legislation. By the contrary, offshore banking is tax free, there are no foreign exchange regulations, and all account information is confidential.
Why offshore investing?
Offshore investors obtain greater freedom than is possible onshore. European & North American nations suffocate individuals and institutions alike with complex regulations. Thus, the likes of Barclays Bank and Bank of America go offshore to reduce red-tape. Others go offshore to simplify international trade. Thus, a German jewellery might establish an offshore subsidiary to buy gold. Still other persons and businesses seek privacy. They want bank accounts in jurisdictions where it is a felony for a banker to reveal that they even have an account! By contrast, there is zero financial privacy in Europe and America. In addition, many go offshore for tax benefits. Some locales have zero income tax, zero inheritance tax, and zero corporate tax.
Do criminals hide assets offshore?
Yes, they do. Blackmailers, extortionists, drug dealers, and corrupt politicians operate onshore everywhere, both within and outside mainstream institutions. Criminals hide their activities everywhere they can, including offshore.
Why do law abiding people go offshore?
There are many reasons:
to increase personal privacy
to protect yourself from invasive bureaucracy
to protect against frivolous lawsuits
to protect your assets from seizure
to assist estate planning
to preserve your assets for your heirs
to protect a percentage of your income from income taxes
to protect a percentage of your profits from capital taxes
to protect capital gains from capital gains taxes
to delay any taxation
to increase investment diversification
Is going offshore only for wealthy investors?
Going offshore is like taking a vacation. Years ago only the very affluent did. At the entry level, you can open an offshore bank account in a pro-privacy locale with about US$1,000 initial deposit. The cost to open and pay annual maintenance fees for an offshore trust or corporation is roughly the same as its onshore counterpart. Of course, high net worth investors have many advantages offshore and onshore which are unavailable to persons with few assets.
Is it safe to go offshore?
The world's major companies and wealthiest investors think so. A conservative investor can put money in foreign banks that have top-rate credit ratings. More American banks and savings & loans collapsed due to corruption in the 1980s than in any other country. I live by the maxim, "Investigate before you invest." Investing offshore is as safe as walking across the street, if you look in both directions first. |