Forming a Company in Hong Kong: The Definitive Checklist For Foreigners and Locals

Hong Kong has long been recognised as a global financial hub, offering numerous advantages for business formation. 

Its business-friendly environment, strategic location, robust legal system, and attractive tax regime make it an ideal destination for entrepreneurs looking to establish or expand their business presence. 

This guide provides a detailed roadmap for forming a company in Hong Kong, highlighting the essential steps and requirements.

Choosing the Type of Business Entity When Forming a Company in Hong Kong

When you decide to register your company in Hong Kong, choosing the right type of business entity is crucial. Here are the main types:

1. Private Limited Company: The most common type of entity for small to medium-sized businesses, offering limited liability protection to its shareholders.
2. Public Limited Company: Suitable for larger businesses looking to raise capital from the public.
3. Sole Proprietorship: A simple business structure with minimal regulatory requirements, ideal for small businesses and individuals.
4. Partnership: A business operated by two or more individuals sharing profits and liabilities.
5. Branch Office of a Foreign Company: Allows foreign companies to establish a presence in Hong Kong without incorporating a separate entity.

Also Read: The Different Types of Business Entities in Hong Kong

Pre-Incorporation Considerations

Before forming your company in Hong Kong, there are several pre-incorporation considerations:

• Choosing the Right Business Entity: Assess your business needs, liability preferences, and tax implications.
• Understanding Legal Requirements: Familiarize yourself with the Companies Ordinance and other relevant regulations.
• Preparing Necessary Documentation: Gather documents like identity proof, address proof, and financial statements.
• Local Registered Office Address: Ensure you have a local address for your company’s registered office.

Forming a Company in Hong Kong in Five Easy Steps

Step 1: Company Name Approval

• Guidelines: Ensure the name is unique and complies with Hong Kong naming regulations.
• Application Process: Submit the company name application to the Companies Registry.

Step 2: Preparation of Incorporation Documents

• Documents: Prepare the Memorandum and Articles of Association, along with forms NNC1 or NNC1G.
• Requirements: Include details about directors, shareholders, and the company secretary.

Step 3: Submission to the Companies Registry

• Filing: Submit the incorporation documents either online or in person.
• Options: Online submission is faster, providing electronic certificates.

Step 4: Business Registration Certificate

• Process: Apply for the Business Registration Certificate (BRC) from the Inland Revenue Department.
• Fees and Timelines: Pay the required fees and expect the certificate within a few working days.

Step 5: Opening a Business Bank Account

• Documents Needed: Provide incorporation documents, identification of directors, and proof of business activities.
• Choosing a Bank: Select a bank that meets your business needs, and offers suitable banking services.

Check our company incorporation service in Hong Kong for a more detailed guide on how we can help you with your company formation.

Post-Incorporation Requirements and Compliance

After you register your company, ongoing compliance is essential:

• Annual General Meetings (AGMs): Conduct AGMs as required by law.
• Annual Returns: File annual returns with the Companies Registry.
• Statutory Records: Maintain records of meetings, resolutions, and company changes.
• Tax Filing and Audit: Submit annual tax returns and audited financial statements.
• Mandatory Provident Fund (MPF): Register for MPF and make contributions for employees.
• Employment Regulations: Comply with local labour laws regarding hiring, contracts, and employee rights.

Also Read: Guide to Payroll in Hong Kong

Benefits of Professional Services for Forming A Company in Hong Kong

1. Specialised Knowledge and Compliance: Professional company formation service providers in Hong Kong have specialised knowledge in local regulations, ensuring businesses meet legal requirements from the beginning. This expertise helps navigate company registration, licensing, and compliance with government authorities.
2. Tailored Guidance and Support: Recognizing that every business is unique, these services offer tailored guidance, including selecting the right business structure, choosing a company name, and obtaining necessary permits to meet each client’s specific needs.
3. Risk Mitigation and Compliance: Compliance with local regulations is crucial to avoid penalties. These services ensure all legal requirements, including tax registration and industry-specific licenses, are met, helping businesses avoid potential pitfalls and operate confidently.
4. Comprehensive Business Solutions: Beyond company formation, these providers offer comprehensive solutions, including accounting, tax advisory, legal support, and corporate secretarial services, simplifying business management for entrepreneurs.
5. Long-term Support and Partnership: Providing long-term support beyond initial incorporation, these services offer ongoing compliance monitoring, advisory services, and assistance with business expansion, acting as trusted advisors throughout the business lifecycle.

Where To Next?

Hong Kong is celebrated as a global business hub thanks to its strategic location, robust legal framework, and business-friendly environment, cementing its role as the “Gateway to Asia.”

Incorporating a company in Hong Kong is relatively quick and straightforward compared to other countries. However, selecting a trusted company registration service provider is crucial for your success.

At InCorp Hong Kong, our team is adept at navigating the complexities of establishing and expanding your business in this vibrant city. We offer comprehensive guidance to ensure a smooth and successful business operation.