Company registration in Hong-kong Company registration in Hong-kong

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Main characteristics for registration in Hong Kong

Corporate tax
0-16.5%
Best choice for:
Online Business
Time to complete the registration
2 weeks

Company Registration in Hong Kong

Hong Kong is the special administrative region of the People’s Republic of China, an autonomous territory and a perfect location for foreign investors to enter the Chinese market. Foreign investment is welcomed by the Hong Kong Government. This jurisdiction offers low and attractive tax regime for foreign investors along with beneficial immigration policies for professionals. Hong Kong is a free port and generally imposes no customs duties on imported goods, with a few limited exceptions. Besides, it is a great location to enter the Chinese market which is the second largest economy in the world and the fastest-growing major economy.

Hong Kong has the status of an important offshore and international finance center.

This article gives you an overview on how to set up a company in Hong Kong and key points on how your business can benefit from it.

What types of legal entities is it possible to incorporate in Hong Kong?

Foreign companies and citizens usually consider the following types for company formation in Hong Kong:

  1. A private or public company limited by shares: there is no minimum share capital required by the Companies Ordinance of a company.
  2. Branch or representative of foreign company
  3. Partnership
  4. Sole proprietorship

Company registration documents to be submitted depend on the type of legal entity you choose from.

How long does it take to form a legal entity in Hong Kong?

It usually takes 1-2 weeks depending on the form of business you choose to set up.

Tips: If you file an application online, then the certificate of incorporation is generated electronically and becomes available once the application is fully completed.

What documents is it necessary to submit for incorporation in Hong Kong?

Identification document
  • Certified International Passport Copy

Address Proof
  • Certified Utility bill no older than 3 months. If this document is not in English, certified translation should be provided

Agreement
  • Signed Nominee (Trust) agreement
Certification/Translation
  • Certification: organization regulated by professional body – notary, lawyer, auditor or bank
  • Translation: by translating company with name, seal and publicly available records (certificate issued by regulating body or can be found on internet)

What are the requirements for company names in Hong Kong?

The company name must be approved by the Registrar. It is not possible to use such additions as HK or Far East for wholly owned subsidiary of a foreign corporation. Besides, it is not acceptable to use similar names already contained on the register of companies; misleading or offensive names. Many clients tend to name the companies using English and Chinese versions if they want to be presented locally and use these versions as the trade name in the Chinese market.

Tips: your company name is the cornerstone of your brand and this is how you make your first impression. So, you should think how it works on your logo, website, and advertisements. It is essential to check whether there is no registered trademark that has identical name. You should try to avoid such similarities; otherwise you will fail to protect your IP rights.

What are the requirements for shareholders in a Hong Kong company?

A Hong Kong companies have at least one shareholder whose name is contained in the official record. Shareholders are not required to be residents or citizens of Hong Kong. It can be an individual or a corporation either registered in Hong Kong or overseas.

What are the requirements for directors in a Hong Kong company?

A company must have minimum one director. If the company has only one director, that director must be an individual and not a corporate director. It is required to appoint as the company’s secretary a Hong Kong resident individual or a company having its registered office or a place of business in Hong Kong. A private company having only one director cannot have its sole director to act as the secretary.

Tips: Nominee services are allowed, in which case the beneficial owners are not revealed.

What are the accounting requirements in a Hong Kong company?

All companies in Hong Kong are required to keep proper accounting records which must be open for inspection. Financial statements are prepared in accordance with Hong Kong Financial Reporting Standards and are in compliance with IFRS. Financial statements are presented by company’s director before annual general shareholders meeting once per year. The Companies Ordinance also sets forth the disclosure requirements relating to the balance sheet and the profit and loss account (income statement) set out in the financial statements for a company.

What are the audit requirements in a Hong Kong company?

All companies incorporated in Hong Kong must appoint one or more independent auditors. An auditor must be a member of the HKICPA and hold a practicing certificate. The requirement of auditor does not apply to a branch of a foreign corporation. In the meantime, the branch is required to file a profits tax return annually and the official authorities may require audited accounts of the foreign corporation to be presented.

Tips: A company may hold the account records at a place outside of Hong Kong. As per request, it must send accounts to Hong Kong for inspection.

Price

What is the cost of company formation in Hong Kong?

The cost of company incorporation in Hong Kong is Euro.

Taxes in Hong Kong

Hong Kong tax system is rather simple compared to other countries. Thanks to its low tax rates Hong Kong is favoured by foreign investors. Besides, there are no significant tax incentives for foreign investment. Hong Kong is a free port and generally imposes no customs duties on imported goods (with a few exceptions).

What companies are qualified as tax residents in Hong Kong?

A company is a tax resident in Hong Kong if it is incorporated in Hong Kong or its management and control is exercised in Hong Kong. Tax resident companies are taxed on a territorial basis and are taxed only on income generated or accrued from Hong Kong. Foreign income is exempt from taxation in Hong Kong. If a company is Hong Kong non-tax resident, then it is taxed on income generated or accrued from Hong Kong.

What is a taxable period in Hong Kong?

Taxable period in Hong Kong equals to accounting year from 1 April to 31 March.

When tax returns are filed in Hong Kong?

Each company submits annual tax returns with the Inland Revenue Department. Generally, tax returns are issued on 1 April and need to be filed within 1 month.

What is corporation tax rate in Hong Kong?

Corporation tax rate in Hong Kong is 16.5% and is levied on taxable income. Corporation tax applies only if the company both carries on business in Hong Kong and earns profits from that business which are sourced in Hong Kong.

How dividends are taxed in Hong Kong?

No tax in Hong Kong applies to dividend income from foreign investments. Hong Kong does not impose withholding taxes on dividends or interest.

What is interest tax rate in Hong Kong?

Interest income is taxable under income tax.

What is royalties tax rate in Hong Kong?

Royalty income is taxable under income tax.

Are capital gains taxed in Hong Kong?

There is no capital gains tax in Hong Kong. Capital losses are not deductible for profits tax purposes.

Is there VAT in Hong Kong?

There is no VAT on goods and services in Hong Kong.

Company Liquidation

Voluntary and involuntary liquidation of companies incorporated in Hong Kong is regulated by the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) and the Companies (Winding Up) Rules.

What are the grounds for involuntary liquidation in Hong Kong?

A company incorporated in Hong Kong can be liquidated compulsory based on a court order. There are the following reasons for a compulsory winding up of a company in Hong Kong:

  •  Failure of the company to pay its debts;
  •  Non-compliance with statutory requirements;
  •  The court is of the opinion that it is just and equitable that the company should be liquidated.

What is the procedure of involuntary liquidation in Hong Kong?

The petition is filed to the court by a creditor, shareholder or the company itself and must be published in the Gazette. The liquidator of the company takes control of the company, its assets and accounting records. Once the companies are disposed and the dividends are paid to the creditors, it can be finally liquidated.

What are the grounds for voluntary liquidation in Hong Kong?

Voluntary Liquidation is initiated by company’s members or creditors.

What is the procedure of voluntary liquidation in Hong Kong?

The members pass a special resolution which shall be published in the Hong Kong Gazette within 14 days. Usually it takes 12 months to complete the company liquidation in Hong Kong. Directors of the company appoints a liquidator who is responsible for controlling the company, its assets, debts and accounting records. In case the liquidation process is more than a year, a general meeting is kept annually for informing the members about the liquidation process. Once the liquidator settles all company’s debts and assets, it prepares a final account with indication of the distribution of the company’s property. The account is present at a final general meeting. Finally, the company is written off the Company Registrar.

Note: the company liquidation in Hong Kong is an expensive procedure. It is strongly advised to seek advice before you decide to liquidate your company in Hong Kong. Our experts will provide you with appropriate guidance and assistance.

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