Company Secretary Service
Company Secretary plays an indispensable role in a Hong Kong company. Not only does it has to be a Hong Kong resident or a body corporate with a Hong Kong registered office, but also serves as a significant stakeholder to balance the interests among directors and shareholders within the entities by using their professional knowledge. Company Secretary provides comprehensive supports and professional advice which facilitate your company to operate without a physical presence in Hong Kong. They provide corporate services such as submission of annual forms and documents to Hong Kong government, assistance in any changes of the company particulars, as well as the preparation of minutes and general meeting notice in accordance with the Companies Ordinance. The duties of Company Secretary include ensuring good information of flow to and within the directors’ board, advise on governance matters, and most importantly, to ensure the corporate decisions and procedures are in compliance with all applicable statutory and regulatory laws and rules.
1. What is a Company Secretary?
Company Secretary is one of the statutory officers in a Hong Kong company, but not a clerical staff. The secretary shall hold a TCSP license. A professional company secretary is able to keep your company record in good standing. You should look for a licensed professional firm like CheapIncorporation to be your company secretary when you manage your Hong Kong Company remotely.
2. Why do I need a Company Secretary for my Hong Kong Limited Company?
This is mainly to fulfill the statutory requirement. You must appoint a company secretary when you incorporate and maintain a limited company in Hong Kong.
3. What are the duties and obligations of a Company Secretary?
A professional Company Secretary shall remind you the annual filing mattes and maintain your company record. Being your company secretary, we shall make sure you comply with all company laws, regulations and on-going compliance issues in Hong Kong.
4. Can I be a Company Secretary if I am the sole director and shareholder?
No, you must appoint a third party as your company secretary. At law, the director must not be a company secretary if there is only one director.
5. Can I be a Company Secretary as a foreigner?
No. Only Hong Kong residents/ TCSP licensee can act as company secretary in Hong Kong.
6. Can my foreign company be a Company Secretary?
No, your foreign company cannot act as the company secretary. You should appoint a TCSP licensee.
7. What are the information required for being a Company Secretary (TCSP licensee)?
Our incorporation package includes company secretary service for 1 year. As a TCSP licensee, we will list our full name, registered address and company number in the incorporation form NNC1.
8. What is the difference between an Individual and Corporate Company Secretary?
You should appoint a qualified professional company to act as your company secretary. The corporate company secretary shall hold the Trust or Company Service Provider (TCSP) license. Name of Licensee can be found at https://www.tcsp.cr.gov.hk/tcspls/index. Alternatively you are advised to appoint a Chartered Secretary who is approved by the HKICS. This is to ensure that he or she can advise you on the Companies Ordinance so your company won’t miss filing deadlines.
9. Is there any restrictions on the number of Company Secretaries?
You must have at least one company secretary in your Hong Kong Company.
10. Which Government Department regulates Company Secretary Service provider?
The Hong Kong Companies Registry regulates all service providers under the licensing scheme of Trust or Company Service Provider (TCSP).
11. What is the advantage to appoint CheapIncorporation as my Company Secretary?
We are not just your company secretary. We shall be your perfect business consultancy in Hong Kong. The most important thing is to stay cost efficient. We provide a low cost service with great service quality. It shall worth every penny you pay.
12. Do I need to be in Hong Kong to change my Company Secretary Service?
We can complete the switching of company secretary remotely. You do not need to be physically in Hong Kong to finish the process.
13. How do I appoint CheapIncorporation as my Company Secretary?
You should send your company documents and enquiry to our email at info@cheapincorp.com. We shall prepare the written resolution and specified forms to appoint us as your company secretary.
14. How can I remove my current Company Secretary?
You can fill the specified form ND2A as director. You have the sole power to determine who shall be your company secretary. If you have a busy schedule, we can help to file the resignation of your current Company Secretary. There is no additional fee when you switch the company maintenance to CheapIncorporation.
15. How much is it to change our Company Secretary Service to CheapIncorporation?
Our service fee is HK$1000/year. We shall prepare and facilitate the switching process. No additional fee will be required for resigning your current company secretary.
16. What is the time limit to report the appointment and resignation of Company Secretary?
You must file the appointment and resignation of your company secretary within 15 days. If the company fails to do so, the Companies Registry can penalize you for the late filings.
17. Can my Company Secretary sign on specified forms to file the company changes?
Yes, CheapIncorporation shall obtain the proper authorization from the company directors. We shall sign on the specified forms in relation to the change of registered address, company secretary and most of the company maintenance.
18. Is it mandatory to provide the contact information in the Presenter’s Reference?
Yes. You shall put down our contact information in case the Companies Registry has questions on the documents submitted.
19. Can my Company Secretary file the Tax for me?
Yes, your company secretary can sign on the Profits Tax Return Form and submit to the Inland Revenue Department.
20. Does the Company Secretary Service include the designated representative?
Yes, we shall be your designated representative in Hong Kong when you manage your company outside Hong Kong. As a matter of latest regulatory requirement, you must have at least one person in Hong Kong as your designated representative relating to the company’s significant controllers register.
21. Will the Company Secretary prepare the Significant Controller Register?
Yes, we shall prepare the Significant Controller Register and provide assistance in case the law enforcement officer visit our office.
22. Will my Company Secretary prepare the register of directors & members?
Yes, we shall keep and prepare your register of directors, members, company secretary and other company records.
23. Will my Company Secretary observe and inform us the updates of Hong Kong Company Law?
Yes, we have a legal team to track on the updates of Hong Kong Company Laws. We shall inform you by email for any latest changes.
24. Will my Company Secretary renew my business license and file my Annual Return NAR1?
Yes, we can help to renew your business license and file your Annual Return NAR1. We shall send you a reminder 1-2 months before your anniversary date to renew your company.
25. Can I ask my Company Secretary to pay Government fees when I am overseas?
Yes, we can process the payment to Government upon your request for obtaining or renewing a specific license. You can maintain the company remotely.