Question 1

What is a Company Secretary?

Accepted Answer

Under the Hong Kong Companies Ordinance, a limited company must appoint a Company Secretary. Their role includes organizing meetings, keeping meeting minutes, and submitting statutory documents to ensure compliance with legal requirements.

Question 2

What is the difference between a Company Secretary and a Business Secretary?

Accepted Answer

A Company Secretary helps with government liaison and document processing. A Business Secretary offers commercial services like managing calls and mail, enhancing the company’s corporate image. We provide both services to help reduce costs.

Question 3

What qualifications are required for a Company Secretary?

Accepted Answer

Company Secretary can be a Hong Kong resident over 18 or a registered Hong Kong company.

Question 4

Can non-Hong Kong residents be directors or secretaries?

Accepted Answer

Non-residents can be directors. However, if the secretary is an individual, they must be a Hong Kong resident. If it's a company, it must have a registered office in Hong Kong. Each company must have at least one director and one secretary. A sole director cannot also be the secretary.

Question 5

Can a sole director also be the secretary?

Accepted Answer

No, the Companies Ordinance prohibits this. Additionally, a corporate secretary cannot be appointed if its sole director is the sole director of the company.

Question 6

What if there is no eligible person to be the statutory secretary?

Accepted Answer

We can provide statutory secretary services.

Question 7

Can a corporate body be a director of a private company?

Accepted Answer

Yes, unless the company is part of a group with a listed company. However, every private company must have at least one director who is a natural person.

Question 8

Can I change the company secretary?

Accepted Answer

Yes, you can change the secretary anytime, but you must notify the Companies Registry within 15 days using the specified form.

CMHD & Co.

FAQ