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L.N. 163 of 2013 03/03/2014 (one) If it appears into the Registrar that the data contained inside of a document registered because of the Registrar in regard of the company is inconsistent with other facts relating to the company on the businesses Sign-up, the Registrar might give recognize to the company— (a) stating in what regard the data contained from the document appears to be inconsistent with other information on the Companies Sign-up; and (b) requiring the company to acquire methods to solve the inconsistency. (two) For that uses of subsection (one)(b), the Registrar may call for the company to deliver towards the Registrar inside the period of time laid out in the recognize— (a) information and facts needed to resolve the inconsistency; or (b) evidence that proceedings are actually commenced by the company during the Court docket for the purpose of resolving the inconsistency and which the proceedings are increasingly being done diligently.
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(3) If, in the case of a standard present that relates to shares of different classes— (a) the repurchasing company has, by virtue of acceptances with the offer you, acquired back again, or contracted unconditionally to get back, some but not all of the shares of any course to which the offer you relates; and
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Cap 622 - Companies Ordinance 152 Area: 410 Experienced privileges L.N. 163 of 2013 03/03/2014 (1) From the absence of malice, an auditor of the company isn't liable to any action for defamation with the accommodate of any person in regard of any statement made by the auditor from the course of undertaking duties as auditor with the company. (two) Inside the absence of malice, anyone will not be liable to any action for defamation with the accommodate of anyone in respect on the publication of any document— (a) geared up by an auditor of a company from the course of carrying out duties as auditor on the company; and (b) required by this Ordinance— (i) to get shipped to the Registrar; or (ii) to become sent to any member with the company or another person. (three) This area won't limit or have an effect on another suitable, privilege or immunity that an auditor of the company, or some other man or woman, has as defendant in an action for defamation. (4) During this area, a reference to undertaking duties as auditor of the company incorporates— (a) generating a cessation assertion, providing the assertion to the company, and requesting the company to comply with the requirement specified in section 422(5) in relation towards the statement; and (b) creating an announcement of situation, and offering the assertion to the company. Segment: 411 Rights in relation to normal Conference L.N. 163 of 2013 03/03/2014 (1) An individual appointed as auditor of a company is entitled— (a) to go to any of the company’s typical conferences; and (b) for being read, at any of the company’s common meetings, on any Portion of the enterprise in the Conference that problems the person as auditor of the company. (two) A person’s entitlement beneath subsection (one)(a) or (b) is, if the individual is really a agency or human body corporate, exercisable by a natural particular person licensed by the individual to work as the person’s consultant for the Assembly.
(1) Within this Portion, a replica of the instrument in relation to a demand sent for registration is often a Qualified duplicate if it is Licensed as a true duplicate—
(2) If a company’s auditor is of the feeling that the knowledge within a administrators’ report for a economical 12 months is just not in step with the financial statements for that economic year, the auditor— (a) must state that view in the auditor’s report; and (b) might provide that impression for the customers’ interest at a normal Assembly.
Cap 622 - Corporations Ordinance 201 (three) For your applications of this segment, a payment is presumed, other than in as far as the contrary is proven, being manufactured in reference to a transfer of any endeavor or house of a company if it is created pursuant to an arrangement — (a) entered into as Element of the arrangement with the transfer, or in just a person yr prior to or two many years after that settlement is entered into; and (b) to which the company, or any person to whom the transfer is produced, is privy.
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Cap 622 - Providers Ordinance 305 Segment: 803 Service of process or see L.N. 163 of 2013 03/03/2014 (one) Topic to subsections (3) and (4), any course of action or discover necessary to be served on the registered non-Hong Kong company is sufficiently served if— (a) it really is tackled to an authorized agent from the company whose required particulars are proven in the Companies Sign up; and (b) it is remaining at, or despatched by put up to, the agent’s very last acknowledged address. (two) Subsections (3) and (4) use if— (a) no needed specifics of approved Associates of the registered non-Hong Kong company are revealed in the businesses Sign-up; or (b) every one of several company’s approved Associates refuses to simply accept service on behalf on the company or the process or discover can't be served on any of them. (three) Any method or notice required to be served to the registered non-Hong Kong company is adequately served whether it is remaining at, or despatched by submit to, anyplace of organization proven from the company in Hong Kong. (four) In the case of the registered non-Hong Kong company that not has a location of enterprise in Hong Kong, any course of action or notice required to be served about the company is sufficiently served— (a) if— (i) it is distributed by registered write-up for the company’s registered Business (or maybe the equal) inside the company’s put of incorporation in the tackle as demonstrated in the businesses Register; and (ii) a duplicate of it is shipped by registered write-up on the company’s principal spot of company (if any) in the company’s area of incorporation on the handle as shown in the businesses Register; or (b) wherever no such addresses are shown in the businesses Sign up, if it is still left at, or sent by post to, anywhere in Hong Kong at which the company has had a spot of small business inside the former twelve months. (five) Any procedure or see necessary to be served on a non-Hong Kong company (other than a registered non-Hong Kong company) is adequately served— (a) in the situation of the company that has recognized an area of enterprise in Hong Kong, whether it is still left at, or sent by put up to, the formation company law location of business; or (b) in the case of a company which includes recognized, but no longer has, a spot of business enterprise in Hong Kong— (i) if— (A) it is sent by registered write-up to the company’s registered Place of work (or the equal) during the company’s location of incorporation; and (B) a replica of it is sent by registered publish on the company’s principal position of company (if any) from the company’s location of incorporation; or (ii) where the address of this kind of registered Place of work, or principal location of organization, can not be ascertained but the company has experienced a spot of enterprise in Hong Kong within the previous 12 months, whether it is left at, or despatched by article to, the position of company in Hong Kong.
(3) A company isn't needed to deliver a recognize under this part in relation to an alteration of share money involving an allotment of shares. Observe— For an allotment of shares, portion 142 needs a company to deliver a return of the allotment into the Registrar for registration. (four) If a company contravenes subsection (one), the company, and every accountable person on the company, dedicate an offence, and every is liable to a fine at stage 4 and, in the situation of the continuing offence, to a further great of $700 for on a daily basis throughout which the offence continues. Portion: 172 Redenomination of share capital L.N. 163 of 2013 03/03/2014 (1) A minimal company might, by resolution from the company, convert its share cash or any course of shares from just one currency to a different currency. This is called a redenomination. (two) A resolution below this section may authorize a minimal company to redenominate its share money— (a) on multiple event; (b) at a specified time or in specified instances. (3) A redenomination doesn't influence any legal rights or obligations of associates beneath the company’s content, or any restrictions influencing users underneath the company’s content articles. (four) In particular, it does not influence any entitlement to dividends (together with entitlement to dividends in a specific forex), voting legal rights or liability in regard of amounts remaining unpaid on shares (together with liability in a selected forex). (five) To the reasons of this section, the company’s content articles include things like the conditions on which any shares within the company are allotted or held. (six) A confined company’s article content may well exclude or limit the physical exercise of a power conferred by this area.
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Your company secretary is liable for guaranteeing all statutory returns are filed on time and precisely. A few of the most typical returns involve: