Problem of forming limited company in HK......

Problem 1: All founder member must provide their particulars like name, I.D. no. and residential address in the NC1A before formation of a limited company. Please note that the form NC1A will be a public record and can be searched in ICRIS search centre by the public. http://www.icris.cr.gov.hk/csci/

If B want to protect his personal particulars, he can, by the way, buy a BVI shelf company and hold 5% shares of the new HK limited company.

Problem 2: You should know that Articles restrict the use of common seal of the company. When a company buy a property, form a contract, the company should affix its common seal and signed by the director. Before the company affix the common seal on the assignment, Board of Director should pass the resolution to authorize the no. of director to affix the common seal.

If both shareholders concern their control power of the company, they can reach a shareholders agreement with a specific statement in their own purpose. Under the contract law, both shareholders would be regulated by the said agreement.

2008-08-09 16:16:21 補充：
You only provide the BVI company's name and the address to the companies registry. Such information will reflect in the NC1A and the annual return of the Hong Kong company.

2008-08-09 16:17:09 補充：
For bank account of HK company, you should provide the particulars of beneficial owner, if the shareholder of the company is Body Corporate with multi layers,

2008-08-09 16:17:24 補充：
you should provide the certified true copy of register of member for all layers until the shareholder is human (also provide his I.D. card copies and residential address proof).

2008-08-09 16:17:38 補充：
Also, you may require to provide the certificate of incumbency of BVI company to the bank for supporting information. It will cost you at least HK$1,X00 or above

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Problem 1: All shareholders must be registered when forming a limited company. There is no bearer share for HK companies. You may use "declaration of trust" to ask someone to hold the share on behalf of B in appearence, and prepare a trust deed, which must be stamped, to show the true shareholder in law.

Problem 2: The shareholders can add anything in the Memorandum when forming company. However, I think it is better to consult lawyer about the sentences. For example, how to define "big".

If you have any question, feel free to e-mail me [email protected]