Business in China
Many business owners like to open companies in Hong Kong because the company's decisions are fair and environmentally friendly. Business rules that are not too strict include changing personnel for various company positions. One of the most important personnel changes in a company is the position of director because this position holds important decisions in carrying out special business operations on behalf of the company. We must study the legal change of directors in Hong Kong, because it can be applied to all Hong Kong companies. Hong Kong allows local and foreign directors and shareholders to leave or assume their position in a company. Companies in Hong Kong are allowed to change their structure, such as changing personnel such as directors or company secretaries whenever they need or according to their desires. Before changing a director in a Hong Kong company, there are several things that must be done. This article will discuss what is needed to change directors in Hong Kong companies. Can a director be replaced? So far we know that a director is a high position in a company and cannot be replaced. But in Hong Kong, directors can be replaced and that is legal in every Hong Kong company, as long as the requirements are met. You can look for assistance with this task by taking care of proper steps and documents needed for new directors. If everything is ready, the process will only take 1 or 2 days. Every Hong Kong company must prepare at least one person to be the company director and one person to be the company secretary. It doesn't matter if a company has many directors, long as none of them have the double position of company secretary. Reasons why directors can be replaced There are many reasons why a company must change its director. What we know is that every Hong Kong company must have at least one active director for arranging for incorporation. Changing a company's board of directors can occur as a result of necessity or voluntarily. Reasons why a company must replace its directors are resignation, death, removal, or other circumstances. All Hong Kong companies must act within the company incorporation laws for legal change of directors. For example, if a director resigns voluntarily, it must be with the approval of the other directors, and the company can ask the director to resign in the correct way to avoid being sacked. Every director who wants to resign must follow the terms of their contract, until they agree to resign and the company's register must quickly make the change. The second example is the removal of directors through different means. If there are directors who do not meet the legal requirements in Hong Kong, they can be removed from their position. The disqualification can be done instantly when they do not meet any of the compliance requirements. the company's shareholders can pass a resolution to remove the director as long as it does not violate any contractual agreement and legislative rule. Or the final example is a court order that can help change company directors. What is the procedure to change the director? There are two ways to change directors, namely by adding a director or removing a director. To add a director, some paperwork needs to be prepared. The form of a resolution is required to be signed by all the directors with the following information should be included such as the effective date of the change, full name, permanent addresses, and signed resolution. Highlight the situation during the legal change of directors, because we must be clear that there is no conflict between the directors and company owners so that the process runs smoothly. After the resolution is received, the notice of change of director form must be submitted within 15 days until the resolution becomes effective. All complete documents will be processed within 2 working days at the Hong Kong companies registry. The exact time to change the new director can be done during the next annual return. What are the requirements to become a company director in Hong Kong? The Hong Kong government has regulations that for every company there must be at least one director and it must be a natural person. That person may not serve as the company secretary. Directors can be local citizens or foreigners. The requirements are: the candidate must be at least 18 years old, citizen or foreigner, must have a valid passport, there is no limitation to the number of possible directors and at least one natural person, can be a corporate director or individual. Why a Notary Is Essential for Every Single Business Before legal change of directors, directors must understand specific statutory duties and responsibilities. The director must act in the best interests of the company, responsible for filing the profit tax returns and employees' returns, ensures that the company makes relevant filings and complies with all statutory laws, maintains accurate company records and carries out full accounting, monitors the company progress and achieve all set-out goals, making strategies and priorities on behalf of the company. Some of the documents required for a Hong Kong company's change of director are: Letter of consent of new director, a signed director's resolution, resignation letter if necessary, change of director date, death certificate if the previous director died, full name of director which is the same as in their passport, permanent address of new director, identity card or information page of international passport. Who can help with Legal change of directors in Hong Kong? SMEBrother is the right place to help you with structural changes in the company. We will provide you with company incorporation services, one of which is changing directors for any reason. SMEBrother can handle all documentation and company registrations, to ensure that your company's needs comply with Hong Kong laws and we do it as quickly as possible. Our experience is sufficient to handle your change of director processes and other company needs in accordance with Hong Kong law. If you want to learn more about the services we can provide for your business, please contact us.
Every company needs a notary for documents that need to be legalized for business purposes. Notaries have a crucial role in ensuring the legality, integrity and authenticity of important business documents. Every single business considers a notary to be essential because it hopes to save money and time, as well as ensuring that their clients are always protected in the field of legality. HK company notarization will be required if you have a business in Hong Kong, with various existing rules and regulations. If you want to know more details, let's discuss it in this article. Why Every Business Needs a Notary Starting or renewing a notary will not cost much. Every business will need a notary as a small investment for them. Let's see why HK company notarization is essential and worth the money. Saves time Business people have endless activities, and spend a lot of time commuting and transporting to other offices or visiting banks to notarize some contracts. Hiring a notary will reduce your effort and save your time going to several places at once amidst the busyness of your business activities. Instead of having to spend a lot of money and time on commuting and taking care of legalities, you can get your business forms notarized and delivered directly to your office. Requires less effort Sometimes customers will bring forms and documents with incorrect notarization. If you are a business that does not have a notary ready in your office, you can only tell your customers to go to get proper authorization. This will make your customers waste time and think again about choosing to visit your office again. To ensure that the customers are happy even if they provide inappropriate documents and forms, you can keep a notary on board to complete incorrect notarization according to customers' queries. Better customer service Building customers is one way to make your business stay afloat in the future. To maximize revenue and profits, you need to give your best effort to keep old clients and attract new clients. Maintaining relationships with customers will ensure they do not look for other alternatives. One way to give your best effort to clients is to notarize their documents at your office. This will help a lot with consumer needs and cut down the time while showing your professionalism to clients. Before starting notarization, you must check whether the documents you need for business purposes require notarization. The local notary or end-user must be able to confirm this. Contemplate timing implications. You need to consider time constraints because each notarization requires some time which must be adjusted to your transaction process. Also check what notarial and legalization fees are. What are Notarization and Legalization in Hong Kong? Hong Kong notarization and legalization are common ways to attest documents and recognize foreign legal systems. This procedure is a matter of international commercial and private law as usual. Still, the power to enforce document verification is generally carried out by a higher-level authority. Certification from original certification with a labeled seal or stamp, and international notary refers to the second level certification issued by national government agencies. Generally, deeds legalized by a notary can be used internationally and within a short period of time. The document must be certified twice before it can have legal force in the recipient country, as there is a similar verification process but legalization of the embassy by the consular office is required. You need to know about HK company notarization if you have the same problem. What are the purposes of company notarization? You need an experienced solicitor as a notary public, registered with the Register of Notaries Public and at the High Court of Hong Kong. A notary public can notarize a document, certify or witness a person's identity, authenticate a signature, and certify a legal document. When you set up a business in Hong Kong, there are many documents that must be notarized. Notarized documents will be requested by overseas receiving parties, such as government or banks to ensure the authenticity of the documents. The notarized documents can be used for company registration, bank account opening, trading immigration, or for the sale or purchase of land. 企業公證服務【推薦】最新流程大全| 驗證流程一次掌握 Common notarized documents in Hong Kong companies are: Certificate of Incorporation, Business Registration Certificate, Articles of Association, Annual Return, Passport copy of shareholder, director, or authorized signer, Resolution, Agreement and business contract. Reasons why HK company notarization is needed There are many situations in business that require notarization. Based on relevant laws and administrative rules of mainland China, notarization is required when a Hong Kong company will create a company, branch, or representative office in the mainland. When the board of directors decides to apply it to the mainland, it must be supervised and notarized by an evaluator. Notarization is also required when you want relatives from the mainland to come to Hong Kong and take over property or live permanently. You also need notarization when a Hong Kong company entrusts a mainland law firm or other person to handle specific business. With so many notarization needs in Hong Kong, you need to apply for China Appointed Attesting Officer Notarization Service. SMEBrother is the right place for you to get HK company notarization in China that are simple, quick and low cost. SMEBrother is a professional Chinese and English consultant with years of service experience who can answer all your questions regarding notarization and legalization. SME Bro is found in 2012 and provides business service for SME companies with years of network, reasonable pricing, and excellent knowledge about supporting our clients and becoming a business brother. Efficient handling from us who are familiar with foreign businessmen to handle documents in various regions, and have a high pass rate for work visas. We also offer you low-cost service, first-hand prices, no intermediate agents, and clearly marked prices. You just need to focus on expanding your business, let us take care of your notarization and legalization needs. All needs such as submitting documents, making notarized documents, enrollment, notarized documents forwarded with seal are our expertise.
Officer Notarization Service
中國委託公證人，簡言之，即由中國司法部在香港眾多律師中，經過申請考試，嚴格挑選出的幾百名律師，任命為中國委託公證人，辦理香港送往中國內地使用的文書公證手續，即“內地認可的公證人”。委託公證人制度，即香港居民回內地處理法律事務所需公證書須由司法部任命的委託公證人出具，並經中國法律服務(香港)有限公司加章轉遞，才能發往內地使用。 實行這一制度，是基於香港和內地之間法律制度不同，辦理公證證明所依據的法律、辦證程序和效力不同而設置的一項特殊法律制度，核心是為了確保香港發往內地使用的公證文書的真實性、合法性。香港的中國委託公證人憑藉其法律專業及豐富經驗為香港居民、企業到內地進行民事、商業活動所提交的檔中涉及發生在香港的法律行為、有法律意義的事實和文書提供一個證明的管道。 中國委託公證人資格 根據《中國委託公證人(香港)管理辦法》之規定：中國委託公證人必須具有香港認可律師資格及執業十年以上的資深律師，由中國司法部集中組織有關的業務培訓，經考試、考核合格後委任。擔任中國委託公證人，應具備的條件： （1）擁護《中華人民共和國憲洗》，擁護《中華人民共和國香港特別行政區基本法》 （2）在香港具有永久居留權的中國公民 （3）擔任香港律師10年以上 （4）職業道德良好，未有因名譽或違反職業道德受懲處的記錄 （5）常握內地的有關法律、法規和辦證規則 （6）能用中文書寫公證文書，能用普通話進行業務活動 中國委託公證人必須按照司法部規定或批准的委託業務範圍、出證程序和文書格式出具公證文書。中國委託公證人出具的委託公證文書，須經中國法律服務(香港)有限公司(以下簡稱公司)審核，對符合出證程序以及文書格式要求的加章轉遞，對不符合上述要求的不予轉遞。 中國委託公證人（香港）資格申請材料 （1）由請申人親自撰寫的申請書； （2）《申請中國委託公證人登記表》； （3）由中國委託公證人公證並經中國法律服務（香港）有限公司加章轉遞的《履歷聲明》； （4）《中外文譯本相符證/聲明》 (如履歷聲明內含外文附件)； （5）香港律師會出具的《專業操守證明書》正本； （6）其他與申請相關的數據材料。 中國委託公證的辦理流程 委託公證的程式主要包括三個步驟： （1）中國委託公證人在香港法例容許下，審查申請人提供的資料或檔的真實性和合法性； （2）委託公證人草擬及製作公證文書，並填寫轉遞申請表； （3）委託公證人派員將公證文書送到中國法律服務（香港）有限公司進行登記及加章轉遞。只有經過這三個步驟之證明檔或資料才具有法律效力，受中國內地的法律保護。 隨著內地與香港的聯繫日益緊密，中國委託公證申請正逐漸增多。但是，並非所有檔都可用於中國委託公證。因此，建議申請人應及早聯繫合資質的中國委託公證人，以便確認該檔是否通過委託公證在內地具有法律效力，受內地法律保護。 就中國委託公證人公證的問題SME Bro團隊可以為您提供專業的智囊團服務，解除你有關公證方面的後顧之憂，具體可聯絡我們的客服經理，我們提供一對一咨詢服務。