Features of a Branch Office in Hong Kong
1. A branch of a non-resident company must appoint a resident individual or a company to represent it in its dealings with the tax authorities. The representatives may be held jointly and severally liable for the tax debts of the permanent establishments of non-resident entities, which they represent.
2. A branch is usually an adequate vehicle for low cost projects. However, it is not the ideal choice for substantial projects because the parent company and branch offices activities are not differentiated, the parent company is fully liable for the branches liabilities. In addition, Branches will be taxed as a limited company on all income sourced in Hong Kong.
Documents Required for Branch Office Registration
(1) the address of the principal place of business of the company in Hong Kong;
(2) the respective addresses of the principal place of business, if any, and the registered office (or its equivalent) of the company in the place of its incorporation; and
(3)The share capital
(4) the particulars of the directors and secretary of the company
(5)Names of resident representatives who will act for the company
(6) a certified copy of registration certificate, statutes or memorandum and articles of the parent company or other instrument constituting or defining the constitution of the company, or, if the instrument is not written in the English or Chinese language, a certified translation of the instrument in English or Chinese.
Procedure of HK Branch Office (Non-Hong Kong Company) Registration
Step one: File the following documents with Companies Registry with the appropriate fees:-
1. Form F1 reporting :-
(a) the particulars of directors and secretary;
(b) the particulars of the person(s) authorized to act in Hong Kong on behalf of the company;
(c) the principal place of business in Hong Kong and in the place of incorporation; and
(d) the registered office in the place of incorporation.
2. a certified copy of the company’s Certificate of Incorporation (or its equivalent)
3. a certified copy of the instrument defining the company’s constitution.
4. a certified copy of the latest accounts of the company, unless exemption has been granted by the Registrar of Companies upon application.
Step two:Apply for Business Registration Certificate (from Business Registration Office) with the appropriate fees
Step three: Prepare bank account opening documents and arrange a bank account opeing of HK Branch Office if needed.
After your branch is registered
All stationery, order forms and similar documents used by your branch are required to show:
(1)The place of registration of the parent
(2)The number with which it is registered
(3)The legal classification of the company
(4)The address of its registered office
(5)The place of registration of the branch, and its registration number
Also the following particulars must be shown at the branch office:
(1)The company name
(2)The name of the country in which the company is incorporated
(3)The parent of the branch has limited liability
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