You have assets and property in Hong Kong, and you want to arrange a will for your family in the future. Making a legal document such as a will is necessary in Hong Kong, because there are certain laws to indicate a person's wishes for distributing their assets and property after their death. The laws applicable to a will in Hong Kong are set out in the Wills Ordinance. This article will explain how to make and sign a will, what inheritance law is, how to contest a will, and how it can be revoked.
Reasons to making a will
The will gives each individual the opportunity to decide how their assets are distributed. You can draw up a will document by yourself, but it is better to ask a specialized legal aid for advice when discussing the division of assets, and how to make it from the start. The distribution of property after a person dies is carried out in accordance with the Inheritance Law Cap. 481 of the Laws of Hong Kong.
This law will help the Court to dictate how the assets will be distributed among certain family members. A will can specify how the assets will be inherited by the beneficiaries, and can state the deceased's choice regarding executors, and guardians to their children under the age of 18.
Writing a will in Hong Kong can be complicated, especially for someone who wants to make a special distribution for their assets. You can seek assistance in these matters through agencies that are experts in their fields if you find it difficult to arrange a will from the start.
Wills can change how assets are divided among relatives (other than as provided by state law) and allow individuals to also allocate some assets to non-necessary beneficiaries, such as friends or charities.
In these situations, where the deceased has not had the opportunity to leave a will, the assets are distributed in accordance with the Intestates' Estate Ordinance. This means that the spouse and descendants or descendants and siblings of the deceased can be entitled to inheritance.
You can draw up a will yourself or with an agency for a detailed explanation of which assets can be distributed, and adapt it to your case.
Signing a will
The will is only valid if it shows a true reflection of the deceased's wishes, must be left in writing and signed by the testator. To avoid further complications, the will must be written in Chinese or English. A will in Hong Kong will protect an individual's wishes and intentions, and can avoid the application of laws and regulations governing the distribution of inherited assets.
The Wills Ordinance provides important information about how to sign and testify a will to make it valid. There are four important conditions that you must pay attention to:
The form and signing of the will must be done in writing either by the testator or another person, either with the person concerned present or according to their direction.
Validation is done with the testator's signature, and the will can only be valid if the testator does intend to give a sign.
Signing a will needs to be attended by more than 2 witnesses and present during the procedure.
The witness has the duty to authenticate and sign his/her own will, or acknowledge that the testator's signature is witnessed by him/her, and does not need to submit this acknowledgment to other witnesses.
Witnesses may not be beneficiaries of the will. It is best for you to ask the agency for help regarding the requirements for appointing witnesses. The heir must understand and comply with legal formalities, so that the will can be valid and not be considered invalid due to non-compliance. A will must be dated before it is signed, and the testator has the right to change or revoke the will during his or her lifetime, and any changes must be signed by the testator.
A will that is executed according to the applicable provisions is valid without needing to be announced.
What is inheritance law in Hong Kong?
Inheritance laws in Hong Kong abolished estate tax in 2006 so there is no tax on gifts or wealth. Hong Kong laws apply equally to residents and non-residents and regardless of religion or gender. Therefore, there are no restrictions on who the deceased inherits property from, with the special condition that they are over 18 years old.
The main Hong Kong laws relating to inheritance and succession are: Wills Ordinance, Intestates' Estates Ordinance, Inheritance Ordinance, Probate and Administration Ordinance. Wills Ordinance is the main law relating to wills, contains the definition, types of a will, annulment, conditions for validity, etc. The Inheritance Ordinance allows the court to issue an order that the assets of a deceased person be given to certain members of the person's family and to certain dependents of the deceased person.
The Probate and Administration Ordinance is a law regarding probate and administration letters and how to handle the inheritance of deceased people through these letters. And matters relating to the distribution of intestates' estates are in the Intestates' Estates Ordinance.
How do I revoke a will?
The inheritance law in Hong Kong allows a person to revoke a will for several situations, such as marriage, the existence of another will, written revocation, and destruction. The testator can create another valid will document, and make the old will invalidated. A will may be revoked because of the testator's marriage, but it may also be that the testator wishes to marry and intends that the disposition will not be revoked.
Without a will, how will the inheritance be inherited?
A will can be revoked by means of a written and legally signed revocation, or the testator chooses to destroy the document, either directly or by ordering another person in front of him with the intention of revoking the will.
A will cannot be revoked simply on the assumption that such intention existed. You can ask the agency for a more detailed explanation about what situations allow someone to revoke a will, and are there conditions where the will still exists even though there are conditions such as the testator remarrying or so on.
What is the procedure for making a will in Hong Kong?
If the heirs are dissatisfied with their relatives' decision to inherit the inheritance, they have the possibility of making a will in Hong Kong. To distribute the property of an individual with or without a will, you must obtain a Grant of Representation from the Probate Registry of the High Court of Hong Kong. This document can be used by a certain individual to have authority to distribute the assets of the deceased.
A person's heirs can raise legal grounds to contest a will, if they have been denied their right to their inheritance and believe they have been wronged or if its provisions do not satisfy them. Some of the most common reasons for contesting a will in Hong Kong are lack of testamentary capacity (the testator was not yet 18 years old when created the will, or elderly individuals who do not have the capacity to execute the will), the will was not executed properly, lack of number of witnesses, fraud or forgery.
If you believe that the will that has been made is not in accordance with the law, you can ask an expert to analyze the case and determine the legal grounds for contesting a will.
The importance of taking care of a will requires you to study it in detail, as well as an agency that is ready to help you with processing a will, understanding the laws that apply in Hong Kong, or important matters such as revoking or contesting a will. SMEBrother is the solution for careful follow-up throughout the entire process: We have professional teams from Hong Kong and Mainland China who are familiar with inheritance matters and can help you successfully inherit your inheritance. You can ask us about anything related to wills, and SMEBrother team is always ready to take care of your will needs.
Hong Kong is a wonderful place for anything, and makes foreigners feel at home there. You have decided that you will not only visit Hong Kong, but will extend your stay, or maybe look for work and launch a business. The next thing you need to do to make things easier for you in Hong Kong is a bank account. You have read the comprehensive guide to open a bank account in Hong Kong, to understand Hong Kong's banking landscape. We will introduce you to several banking options that will help you in your next financial journey in Hong Kong.
Understanding the Hong Kong banking system
Before going to open a bank account in Hong Kong, there is some basic information you need to know about the Hong Kong banking scene. The banking system is structured into tiers, there are Licensed Banks, Restricted License Banks, and Deposit-taking companies.
Licensed Banks : These banks offer the essentials like current and savings accounts, handle any size of deposits, and manage checks drawn and deposited by their clientele. All licensed banks are required to participate in the Hong Kong DPS (Deposit Protection Board) as Scheme members, where licensed banks deposits are safeguarded up to a maximum of HKD 500,000 per deposit per Scheme member.
Restricted License Banks : These banks are specialized banking needs, primarily investment and merchant banking like capital markets, and may be restricted from some banking activities. Restricted license banks are not members of the Hong Kong DPS (Deposit Protection Board) and can manage deposits starting at HKD 500,000 and upwards.
Deposit-taking Companies : Linked or owned by larger banks, specializing in areas such as commercial lending, consumer finance, and securities. DTCs can handle deposits starting at HKD 100,000 with a minimum three-month maturity term and there are not members of the Hong Kong DPS.
Each three tiers operates under the vigilant eye of the HKMA (Hong Kong Monetary Authority) and has its unique offerings. The HKMA ensures that all banking corporations have anti-money laundering regulations.
Types of bank account in Hong Kong
There are two bank account types to choose from, Personal Bank Accounts for individuals and everyday banking needs, and Corporate bank Accounts for business of commercial accounts, eligible for registered businesses such as offshore companies and limited companies in Hong Kong.
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Message to business owners, you must understand a clear distinction between personal and business finances, and always open at least one dedicated business account.
How to open a bank account in Hong Kong
There are several steps you must take to open a bank account in Hong Kong.
Choose a Bank
Select a reputable bank that suits your specific needs. Research the bank's packages, offerings, fees, terms and conditions. Some banks that are often chosen are DBS Bank, HSBC, Hang Seng Bank, and BOCHK.
Gather the documents required
The two account types have differences in the required documents. For personal bank accounts, you need to show a Hong Kong Identity Card as a Hong Kong resident and permanent resident, a passport or other identity documents if you are a foreigner, and relevant travel documents. For some documents that require proof of address such as mortgage statements, lease agreements, utility bills, and home insurance, you must have proof of address based on your home country or your Hong Kong address depending on the bank.
For corporate bank accounts, you must show company documents such as business registration certificate, articles of association, registered office address, and partnership agreements. Some banks require your company structure's details, such as business plan, beneficial owner identification document, and proof of business activities.
Each bank has its own general requirements. You can contact them for specific details and what documents are required. Some banks will make it easier for you to send documents online, and you better ask for better understanding.
Pre-approval process
Submit the required documents according to the bank you choose, and keep informed about your application progress. Especially for opening a business bank account, you will be asked for additional verification, such as providing proof of business activities and fulfilling KYC requirements. Sometimes you have to need an agency to make it easier to open a corporate account, because the KYC process is difficult and particularly crucial.
Bank account activation
After everything is done, the final step is Hong Kong bank account activation. Your bank has instructions for you to complete this process. Each bank has a different time to open a bank account, but usually it takes approximately 15 working days.
If a bank rejects your account application, you need to ask the bank and clarify the reason for that decision. Some banks have the option to request a re-evaluation. Non-residents can still open a bank account, although the verification process may vary compared to Hong Kong residents.
Especially for non-residents and first-timers, you need to come to the bank you choose for in-person identity verification requirements. Non-residents cannot apply remotely for traditional banks, because there are several requirements that require applicants to be present at the bank.
Opening a bank account for individual or business needs is easy, but it will be a little challenging for foreigners or new business people. If you feel overwhelmed by the requirements of each bank or several documents that must be prepared, you can use the services of SMEBrother as your business brother who will help with all your business needs. SME Bro is ready to help you to open a corporate bank account, or for those of you who decide to stay longer in Hong Kong and want to have a bank account.
Contact us for your needs, prepare some of the documents needed, and let SME Bro handle everything. All you have to do is receive news that a bank account is ready to be used, no difficulties whatsoever, no mess. Not only for bank account needs, because we can also be your business brother for accounting, auditing, tax handling, SME loans, etc. Whatever you need to thrive your business and run your business smoothly in the future.
Every business needs good records for expenses and income, by maintaining accurate records of inventory, purchases, sales, shipping, and attendant expenses. An accountant is needed as a strategy planner and help businesses to track profit and loss, and evaluate the business status from multiple viewpoints at any moment. But there is one important thing every business must have, namely tax accountants. Tax accounting is needed so that the business is always in full compliance, and alerting business owners to potentially costly pitfalls such as penalties and fees for non-compliance.
What is the purpose of tax and accounting?
Personal income and company income have been regulated by the state to pay tax if it reaches a certain amount. Even though Hong Kong is an area with low taxation, every business must understand the rules and regulations, what is required for tax reporting, and how it is calculated. That's why every business must have tax accounting knowledge or hire a tax accountant. The purpose of tax accounting is to ensure compliance for accurate tracking of income and expenses, ensuring businesses fulfill their needs to pay their tax obligations.
Why should taxation and accounting always be considered in business? Because accounting functions to record and analyze the company's performance in terms of financial transactions and make informed decisions about financial management. While taxation focuses on complying with the government tax laws and collecting taxes. Tax accounting is the process for every business to create reports, calculations, and filing company's documents for income and expenses. Every tax has a period, and every business must pay according to existing rules.
What is the goal of a tax accountant?
A tax accountant's goal is to assist businesses to fulfill their legal obligations by preparing and filing taxes. They can also create strategies to minimize tax liabilities and must always keep on track with taxation laws. Every business must always comply so as not to be subject to fines or sanctions. Tax accountants will work longer hours during tax time, and their responsibilities are organize financial records, compute taxes, examine financial statements, create budget plans, inspect accounting systems, and communicate with clients about the tax return process.
Sometimes businesses can be hit by tax issues, and tax accountants have an obligation to identify solutions. Every accountant needs to manage and maintain the company's tax database, always prepare necessary paperwork and reports, and keep track on changes related to taxes.
Reasons why every business must have a tax accountant
Sometimes business people only have an accountant, but are still confused when managing taxes. Below are several reasons why tax accountants are needed.
Saves time
Having a business certainly has a lot to think about, starting from planning, marketing, selling, and managing all finances. By hiring tax accountants, business owners can focus more on other points in the business, and let the accountants take care of the company's obligations, from documents to calculating costs that must be incurred.
Provides invaluable advice
Every accountant who studies corporate finance can navigate through complex tax problems and make a business pay less tax. The savings in terms of tax will have big benefits for the company, because while the company remains compliant with laws and regulations, the accountant will also continue to monitor if there are changes in rules or business trends.
Avoid costly mistakes
Business owners can make errors such as giving the wrong income amount of taxes, because they are inexperienced or don't have knowledge of taxation.
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Honestly, the whole tax process can be confusing for business owners, and there has to be someone to take care of it. Tax accountants understand how to manage taxes easily, prevent any mistakes, and can save their client’s money.
Tax preparation and filing
Paying taxes are not only paid in a certain amount, but must fill the form, providing facts about income, expenses, and accounts payroll while running the business. Business owners who already have a lot of thought and energy to manage the company will not be able to withstand the stress of tax preparation and filing, release yourself from stress by letting a professional handle it.
Stay updated with the new tax laws
Many companies may not be aware of new policies, or even many of them completely underestimate taxes. Even though taxes in Hong Kong are not large, your company can get into big problems if it does not pay taxes regularly or violates existing regulations. It's part of the accountant's job to be well-informed about the new tax laws, and always inform the business owner about it.
Can be reliable beyond taxes
Tax accountants are not only useful when paying taxes, because every accountant must understand important financial concerns besides taxes. So, they can provide asset management, business advice, and retirement plans. All of this will be connected to tax, because every accountant must know the track record of the company's finances, the company's potential, and what particular expense is tax-deductible and can be paid lower than before.
This means you are not only hired as a tax accountant for your tax needs, but you can also become your business partner as well.
After knowing the importance of tax and accounting, you need to think about hiring a professional to manage your company's taxes. For more than a decade, SME Bro has been supporting local companies to get accurate financial services. By hiring a reliable accountant from SMEBrother, you don't need to worry about tax preparation, tax filing, learning about company finances, asset management, and whatever company needs until taxes are met.
Many SME owners do not have accounting knowledge, but SMEBrother is the best place for you in that matter. You just need to focus on expanding your business, and let us take care of the rest. We will keep the tax costs low and transparent, so you can focus more on growing your business. Immediately contact our customer service team and our CPA team will help answer your questions about Hong Kong taxes and any accounting needs for your company.
在香港這個國際化大都市,外貿行業一直是蓬勃發展的領域。隨著全球經濟的不斷發展,越來越多的海外品牌開始關注香港市場的機遇與挑戰。而在這個過程中,香港政府的BUD(Business Start-up Support Scheme for Universities)政府資助可能成為海外品牌的新利器。那麼,海外品牌是否可以申請香港BUD政府資助?讓我們一起來探討一下。
對於這個問題,答案是肯定的。雖然香港BUD政府資助主要面向本地創業者和新創企業,但並不排除海外品牌的申請資格。只要符合相關條件,海外品牌完全可以申請香港BUD政府資助,獲得政府的支持和資助。
要申請香港BUD政府資助,海外品牌需要遵循一定的程式和條件。首先,海外品牌需要在香港註冊成立公司,並符合相關法律法規的規定。其次,海外品牌需要提交申請資料,包括企業計畫書、財務預算、市場調研報告等。最後,海外品牌需要經過審批,獲得政府的認可和支持。
對於海外品牌來說,申請香港BUD政府資助具有重要的意義。首先,BUD政府資助可以幫助海外品牌降低在香港市場的投資成本,提高競爭力。其次,BUD政府資助可以為海外品牌在香港市場的發展提供重要支持和保障,促進企業的持續增長和發展。
海外品牌也能申請香港BUD政府資助,這為海外品牌在香港市場的發展提供了新的機遇和選擇。在香港這個國際化大都市,海外品牌將會受益於香港BUD政府資助,實現業務的快速發展和持續增長。相信隨著時間的推移,越來越多的海外品牌將會選擇在香港市場開拓業務,共用香港的繁榮和發展。