Dispute over Control of Hong Kong Companies: Litigation on the Removal of Documents Registered with the Companies Registry Introduction: Disputes over Control of Hong Kong Companies and Removal of Company Registration Documents When the control of a company is disputed among the insiders of the company, a situation often arises where one party to the...Read More
Legal Opinion on Company Compliance in Hong Kong I. Listing of Mainland Companies – Compliance Opinions for Hong Kong Affiliated Companies In the process of listing or listing on the National Equities Exchange and Quotations (NEEQ) of the Mainland, the listing documents will need to disclose the main body, existence and legality of all overseas...Read More
Trust and Nominee Holding of Shares in Hong Kong Companies: Law and Practice In my long-time practice as a Hong Kong solicitor and as a Mainland solicitor, I have dealt with a relatively large number of legal matters relating to nominee shareholding in Mainland companies and nominee shareholding in Hong Kong companies, and I would...Read More
How to Apply Mortgage of Stocks for Hong Kong Listed Companies?? Overview of Mortgage of Stock of Hong Kong Listed Companies As a Hong Kong lawyer dealing with cross-border legal matters, I often come across situations where Mainland individuals or enterprises borrow money from Mainland or Hong Kong financial institutions, and the shares of Hong...Read More
Hong Kong Company Search, BVI Company Search, Cayman Company Search, Other Search Services We provide company search services in Hong Kong and other parts of the world. Below is the price information of common search services. For other searches, please contact us directly for pricing. Hong Kong company name search ($1,500), Hong Kong company search...Read More
Ways to Terminate a Hong Kong Company: Bankruptcy and Deregistration Ways to terminate a Hong Kong company As a Hong Kong company law solicitor, we often receive enquiries about bankruptcy and deregistration of Hong Kong companies. The two main ways to terminate a Hong Kong company are winding-up and deregistration. To terminate a company by...Read More
Bonds Default: Winding-up as a Way of Recourse? Background Information: Capital Investment Entrant Scheme Before the Hong Kong Immigration Department stopped the Capital Investment Entrant Scheme (“Scheme”) on 25th January 2015, many investment immigration applicants bought private placed bonds from some Hong Kong listed companies upon the recommendation of their immigration consultants. The Scheme has...Read More
Hong Kong is a common law jurisdiciton and the procedures and documents for company acquisition in Hong Kong generally following the typical practice in common law jurisdiction which is different from those in Mainland China. This article introduces procedures and documents for the acquisition of Hong Kong companies limited by shares. 1. Preparation stage After...Read More
Hong Kong Company Equity Incentive Plan: Legal Framework Under Hong Kong law, there are a number of different legal aspects involved in company equity incentive plans. In summary, at a legal level, the following laws are most likely to be involved. (1) Company law. The establishment of an equity incentive plan may involve the issue...Read More
Legal Aspects of Financing Loans and Mortgages in Hong Kong Overview of Hong Kong Financing Loans and Mortgages Hong Kong financing and loans, guarantees and mortgages is one of the cross-border legal issues that our firm regularly handles. The usual situation is that enterprises with a Mainland China background use their listed companies in Hong...Read More
HKEX’s Consultation on Dual Class Shares Listing After the Hong Kong Stock HKEX (HKEX)’s rejection of Alibaba’s listing application because of its dual class share structure (also known as Weighted Voting Rights structure, “WVR”) in 2014, the issue as to whether Hong Kong should admit WVR companies to listing has aroused great controversies. Subsequently, the...Read More
Practical Guide – Keeping a Register of Significant Controllers of Hong Kong Companies Legal Basis for Keeping a Register of Significant Controllers of Hong Kong Companies The legal basis for Hong Kong companies to keep a register of significant controllers is the Companies (Amendment) Ordinance 2018 (the “Amendment Ordinance”). The Amendment Ordinance requires companies to...Read More
From 1 March 2018, companies incorporated in Hong Kong, except listed companies, are required to keep a significant controller register at their registered offices. This article will give a brief introduction of the newly enacted Division 2A, Part 12 of the Companies Ordinance, cap. 622 relating to the significant controller register, and their major implications...Read More
There are a lot of reasons why a director is removed from his office. These include his incompetence, his relationship with his peers and other colleagues of the company, and sometimes misconducts such as breach of fiduciary duties etc. Generally, only shareholders can remove a director, the reason being that directors are considered as quasi-agents...Read More
Introduction In layman’s terms, Insider trading is the buying or selling of a security by someone who has access to material nonpublic information about the security. Insider trading has been a prevalent phenomenon even in the most mature financial markets, particularly in the recent decade when the ubiquity of internet and innovation of financial products...Read More
Application of Hong Kong Law Is No Panacea In the ever increasing commercial intercourses between Hong Kong and the Mainland China, many of the related agreements are governed by Hong Kong law instead of the PRC law, despite that quite a lot of such agreements are largely performed in the Mainland China. The reasons for this...Read More
What is administrative restoration? The administrative restoration procedure is a simple and easy way to restore a company that has been struck out by the Registrar of Companies. By administrative restoration, there is no need to go to court. Common reasons for restoring a company to the register using the administrative restoration procedure include: that...Read More
Restoration of Company in Hong Kong Should be Done by Court Order in the following Situation An application to the court to restore a company to the register may be made where a company has been: struck off the register at the instigation of the Registrar of Companies pursuant to CO ss 746, 747,...Read More
Hong Kong Lawyers: Common Search Services Comprehensive Search Search the websites of company registries in various countries around the world: Company registrations around the world Global Registries Europe Belgium –KBO Public Search, and a website http://www.bnb.be/ Bulgaria – Trade Register Croatia – http://www1.biznet.hr/HgkWeb/do/fullSearch Cyprus – Department of Registrar of Companies and Official Receiver Czech...Read More
As a Hong Kong solicitor practicing in the area of corporate law, we often assist client to restore their de-registered company. Here is a summary of the law and practice. Reasons to Restore a De-registered company in Hong Kong? The reasons for restoring a company to the register usually are the following:- to enable...Read More