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Starting a Business in Hong Kong

Starting a business in Hong Kong is simple and straightforward, the vast majority of foreign investors opting for a limited liability company (LLC) as their preferred investment vehicle. The following is an overview of the various legal and regulatory requirements of starting a business in Hong Kong:
1.
Hong Kong boasts one of Asia's fairest, most transparent legal systems, offering high levels of protection to investors starting a business in Hong Kong. Entrepreneurs can reasonably expect strong protection of their intellectual property rights in Hong Kong (this is one of the principal factors in Hong Kong's continued ranking as the world’s freest economy in the Heritage Organisation’s 2010 Index of Economic Freedom). Furthermore, low corruption levels among public officials and politicians are factors behind Hong Kong's low 12th-place ranking in the 2009 Corruption Perceptions Index by Transparency International.
2.
Company law is outlined in the Hong Kong Companies Ordinance of 1997. Starting a business in Hong Kong is controlled by the Companies Registry. Through the Companies Registry, Hong Kong (and foreign) companies are registered and administered, corporate compliance and disclosure obligations are monitored, and statutory audits by Hong Kong public accountants are regulated.
3.
Although the LLC is the most popular entity for entrepreneurs starting a business in Hong Kong (more than 80,000 are incorporated in the city to date), alternative corporate structures are available. These include i) the limited liability partnership (LLP) ii) the branch office iii) a representative office and iv) sole proprietorship.
4.
Like an LLC, a Hong Kong Branch Company is established via the Companies Registry. This entity retains the legal identity of its foreign parent, and must also adopt its parent's name. Audited financial statements relating to its Hong Kong operations must be filed every year with the Hong Kong Inland Revenue Department.
5.
When starting a business in Hong Kong using an LLC, each company is required to fulfill the following legal obligations:

i) submit an annual tax return and audited financial statements to the IRD.
ii) appoint one Hong Kong-resident company secretary and have a Hong Kong registered office address to which all correspondence is sent;
iii) appoint at least one shareholder. Both local and international, corporate and individual shareholders are permitted when incorporating in Hong Kong. A public register of directors and shareholders is available via the Companies Registry.
iv) appoint at least one director. Thereafter, an unlimited number of local and international directors may be appointed. Corporate directors are allowed.
v) obtain a Business Registration Certificate within one month of incorporating the Hong Kong business. The government cost for a certificate is HK$2,600 (US$335);
Contact Us
For more information on starting a business in Hong Kong, email email@healyconsultants.com or call us in Hong Kong at (+852) 8331 1911.
Buy the Hong Kong chapter of Healy Consultants' Asia Business Set Up book for US$100, to order call +65 6735 0120 or e-mail email@healyconsultants.com

 

 

 
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