Hong Kong Consulate

All businesses in Hong Kong must obtain a business registration certificate from Business Registration Office within one month of commencement of business.

The Business Registration Office is located in the Inland Revenue Building, at the following address:

4/F., Revenue Tower,

5 Gloucester Road,

Wanchai,

Hong Kong

Tel: +852 187 8088

Fax: +852 2519 6714


Website: http://www.info.gov.hk/ird/eng/tax/bre.htm

Time Required

Processing time is 30 minutes over the counter

Fee

The registration fee for one-year certificate is HK$2,600(US$333) and three-year certificate is HK$7,000(US$897).

Business Registration

There are two commonly used business registration methods for foreign investors in Hong Kong. One is to incorporate a private limited company, and the other is to register a branch of overseas companies.

To incorporate a limited company

Registration of an overseas company branch

To incorporate a limited company

The application has to be made to the Registrar of Companies. The proposed name for the company should first be checked to ensure it is unique at the Companies Registry, 14/F, Queensway Government Offices, 66 Queensway, Hong Kong. Tel: +852 2867 2587 Fax: +852 2526 9843. A limited company registrant must submit the following documents to the Registrar:

1. Memorandum and Articles of Association of the intended company

2. Statutory declaration of compliance

3. Covering letter including the intended company name, the presenter's name, address, contact telephone number and fax number

The Memorandum of Association must be printed and contain:

1. The company's name, in English or Chinese or both

2. An English name must end with 'Limited', and a Chinese name must end with the Chinese equivalent

3. The registered office's address in Hong Kong

4. Liability of members limited

5. The share capital registered on incorporation

6. The number of shares taken up by subscribers

7. The signature of each subscriber in the presence of a witness who attests the signature

The Articles of Association must be printed, with consecutively numbered paragraphs. The following rules apply:

1. A private company must state that it is private

2. The regulations of the company may adopt all or any of those contained in Part II of Table A in the Companies Ordinance (Chapter 32 of the Laws of Hong Kong)

3. The Articles of Association must be signed by each subscriber identified in the Memorandum in the presence of a witness, who attests the signature

The Declaration of Compliance should be made by a solicitor engaged in the formation of the company or by a director or secretary named in the Articles of Association.

The processing time for the Incorporation of a Limited Company is 6 working days.

Charges and fees

For companies having share capital:

1. An application fee of HK$1,720 (US$221) subject to a refund of HK$1,425 (US$183) for unsuccessful application

2. A capital fee of HK$1 (US$0.13) for every or part of HK$1,000 (US$128) of share capital, subject to a cap of HK$30,000 (US$3,846) per case

For companies without share capital:

1. HK$170 to HK$1,025 (US$22 - US$132) depending on the number of members

Registration of an overseas company branch

Overseas companies need to apply for registration within one month of establishing a place of business in Hong Kong.

The following documents must be submitted to the Registrar of Companies:

1. A certified copy of the instrument defining the company's constitution

2. Form F1 reporting

3. The particulars of directors and secretary

4. The particulars of the person(s) authorised to act in Hong Kong on behalf of the company

5. The principal place of business in Hong Kong and in the place of incorporation

6. The registered office in the place of incorporation

7. Memorandum of Appointment/Power of Attorney authorising the person(s) reported above

8. A certified copy of the company's Certificate of Incorporation (or its equivalent); and

9. A certified copy of the latest accounts of the company, unless exemption has been granted by the Registrar of Companies upon application

Notes:


(1) The method of certification is set out in Regulation 3 of the Companies (Forms) Regulations. Form F1 is available for sale at the Companies Registry.

(2) Where the above items are not written in Chinese or English, a certified translation in Chinese or English should also be filed. There is no need to provide translations in both languages.

(3) If the translation is made in Hong Kong, the competence of the translator can be certified by a notary public in Hong Kong or a solicitor of the High Court of Hong Kong.

(4) If the translation is done in a foreign country, the competence of the translator can be certified by a notary public in the place where the translation is made or by such other person as may be specified by the Registrar of Companies. The processing time for registering a branch of an overseas company is 25 working days.

Charges and fees

Application fee of HK$1,720 (US$221)

An additional HK$20 (US$2.56) for registration of each document required to support an application