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Area 57A in the predecessor Ordinance, as in force promptly right before its repeal, continues to apply to the share certification, prospectus or administrators’ report issued prior to the commencement date* of area 179. 29. Variation of class rights: firms possessing a share money
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N. 163 of 2013 03/03/2014 (1) The certification by a company of an instrument of transfer of shares during the company— (a) is really a representation via the company to anyone acting about the religion with the certification that paperwork have already been generated towards the company that proof title into the shares during the transferor named while in the instrument; and (b) isn't a representation that the transferor has any title on the shares. (two) If anyone acts about the religion of a Wrong certification by a company manufactured negligently, the company is underneath the identical legal responsibility to the individual as In case the certification had been created fraudulently. (three) For that functions of the section, an instrument of transfer is certified by a company if it bears— (a) the terms “certification lodged”, or terms to exactly the same impact, in English or Chinese; and (b) underneath or adjacent to People terms, the signature or initials of someone having the actual or apparent authority to certify transfers on behalf from the company. (4) Except the Opposite is proved, a signature or initials showing on an instrument of transfer as referred to in subsection (three)(b) has to be regarded— (a) since the signature or initials of the individual whose signature or initials they purport being; and (b) as possessing been put on the instrument by that human being or by Yet another person who has the actual or clear authority to use the signature or initials for the purpose of certifying transfers on behalf on the company. Segment: a hundred and fifty five Issue of share certification on transfer L.N. 163 of 2013 03/03/2014 (1) In the time period specified in subsection (2), a company should complete the certificates for any of its shares that happen to be transferred and have the certificates All set for shipping and delivery. (two) The interval is— (a) for a private company, 2 months following the working day on which the transfer is lodged with the company;
(4) If the duplicate or memorandum is held at a place in addition to the company’s registered Office environment, the company should notify the Registrar with the location, or any change within the place, at which the duplicate or memorandum is held. The observe must be in the specified type and shipped to the Registrar for registration inside of 15 days after the duplicate or memorandum is to start with saved at that place or inside fifteen days following the change (as the situation could be). (five) If a company contravenes subsection (two) or (three), the company, and each liable person from the company, dedicate an offence, and every is liable into a high-quality at stage 3. (six) If a company contravenes subsection (four), the company, and every dependable person on the company, dedicate an offence, and every is liable to the wonderful at degree 3 and, in the case of a continuing offence, to an extra fantastic of $300 for day after day in the course of which the offence carries on.
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leg. C), as in force promptly right before its repeal, continues to apply in relation to a petition to verify an alteration inside of a memorandum presented below segment 8 on the predecessor Ordinance getting a continuing effect under subsection (one). seven. Alteration of particular conditions of memorandum of association
L.N. 163 of 2013 03/03/2014 (one) An auditor’s report need to state, from the auditor’s viewpoint— (a) whether the money statements are effectively organized in compliance using this type of Ordinance; and (b) specifically, whether the economical statements— (i) in the situation of once-a-year financial statements of the company that doesn't slide in the reporting exemption for the monetary yr, give a accurate and truthful view with the monetary placement and money functionality with the company as required by segment 380; or (ii) in the situation of once-a-year consolidated monetary statements of a company that does not fall in the reporting exemption for the fiscal 12 months, give a genuine and fair check out on the fiscal situation and economical overall performance of your company and all of the subsidiary undertakings as essential by area 380.
(4) In this segment— specified incumbent(指明在任人) implies— (a) the person who is the last auditor of your company and whose expression of office as auditor has expired; or (b) the person whose time period of Workplace as auditor will expire— (i) at the end of the overall Conference; or (ii) at the end of the appointment period of time in relation to your economic calendar year involved. Part: 401 Copies of published resolution for appointment need to be despatched to new and previous auditors
(three) A letter needs to be resolved— (a) to a certified representative with the registered non-Hong Kong company whose needed details are shown in the businesses Sign-up; or (b) if no expected facts of licensed representatives with the company are revealed in the Companies Sign up, to anyplace of enterprise recognized by the company in Hong Kong. (4) The Registrar just isn't needed to send a letter to the registered non-Hong Kong company below subsection (2)(a) When the Registrar is on the opinion the letter is unlikely for being obtained via the company. Segment: 798 Registrar may possibly strike off registered non-Hong Kong company’s title
L.N. 163 of 2013 03/03/2014 (one) This area has outcome if a permitted indemnity provision is produced for your director of a company, and applies— (a) to that company (if the provision is created by that company or an affiliated company of that company); and (b) if the provision is made by an related company, to that connected company. (2) A company to which this portion applies will have to continue to keep the subsequent at company formation made simple its registered Business or at an area prescribed by laws produced under portion 657— (a) a copy of the permitted indemnity provision; (b) Should the provision isn't in producing, a created memorandum environment out the conditions of the provision. (3) The company— (a) ought to keep the copy or memorandum for at least 1 yr after the day of termination or expiry of your provision; and (b) must continue to keep the duplicate or memorandum available for inspection for the duration of that time.
L.N. 163 of 2013 03/03/2014 (one) A member of the repurchasing company may perhaps, on or before the day on which observe of an authorizing Conference of your company is provided, give observe to every other member from the company that the member will never tender any shares held from the member for being acquired again via the company less than the final present. (two) A non-tendering member will not be entitled to tender any shares held from the member being purchased back again from the repurchasing company beneath the general offer even if that provide extends to those shares.
Cap 622 - Organizations Ordinance 182 Section: 488 Director or former director related to system corporate L.N. 163 of 2013 03/03/2014 (one) With the uses of this Component, a director or previous director is linked to a overall body corporate if— (a) the director or former director, or any one or more of the entities specified in subsection (3), or the director or former director along with any a number of of These specified entities, are entitled to work out, or control the exercising of, over 30% on the voting ability at any normal Conference of that system corporate; or (b) the directors, or simply a bulk of the directors, of that physique corporate are accustomed to act in accordance Together with the directions or instructions of— (i) the director or previous director; or (ii) an entity related Along with the director or former director. (2) In this particular area, a reference to voting ability the exercise of that's managed by a director or former director, or by an entity laid out in subsection (three), features voting electricity the workout of that's controlled by another human body corporate If your director or former director, or any a number of of the required entities, or maybe the director or former director along with any a number of of the specified entities, are entitled to exercising, or control the exercise of, much more than 50% with the voting electricity at any basic Conference of that other body corporate.