A company limited by guarantee and charity tax exemption application
If there is no commercial nature and no intention to
distribute the company’s profits to its members, customers may consider forming a company limited by
guarantee. It is usually formed for non-profit making purposes and is more commonly used for trade
associations, charitable bodies and schools.
| A company limited by guarantee |
| Features: |
- The purpose of forming a company is not for profit making
- Company does not have share capital
- There is no intention to distribute the company’s profits to its members and does not therefore
need to have shares
- The liability of its members is limited to the amount which they agree to contribute to its assets
in the event of the company being wound up
|
Persons involved |
- Shareholder: At least one natural person (no nationality restriction) or a corporation
- Director: At least two natural persons (no nationality restriction)
- Secretary: A natural person or a corporation (The person must ordinarily reside in Hong Kong or a
company has registered office in Hong Kong. Our company can provide this service)
|
Information to be provided by customers |
- Identity documents of founder members, directors and company secretary
- Usual residential address of founder members, directors and company secretary
- Proposed company name
- Registered office
|
Required Time (Company Name Registration) |
Approximately one month |
Company Secretarial Services |
- Offer a Hong Kong limited company to act as the Company Secretary and designated representative of
Significant Controllers Register
- Provide company information to law enforcement officer
- Update registers of members, directors, secretary and Significant Controllers
✲ Failure to keep a Significant Controllers Register is a criminal offence. The company and every responsible person of the company are liable to a fine of HKD$25,000. |
Charitable institutions of a public character are exempt from tax under section 88 of the Inland Revenue
Ordinance. Charities wishing to enjoy the tax exemption may apply to the Department. To be a charity at law,
the institution must be established for purposes which are exclusively charitable and these purposes of the
organization are charitable in the strict legal sense.
| Charity tax exemption application |
| Charitable purposes(Four heads) |
- (a) Relief of poverty
- (b) Advancement of education
- (c) Advancement of religion; and
- (d) Other purposes of a charitable nature beneficial to the society not falling under (a) to (c)
|
| Documents required |
- (a) Application form
- (b) Company certificate of incorporation (If the entity to be exempted has already been
established)
- (c) Governing instrument
- (d) A list of the activities which have been carried out in the past 12 months
- (e) A list of the activities planned for the next 12 months from the date of establishment
- (f) A list of proposed founder members/proposed members of governing body
- (g) A copy of signed financial statements for last financial year (if company has been already
established for 18 months or more)
|
| Our services: |
- Fill in the application form and file to the Inland Revenue Department
- Assist in preparing governing instrument
- Follow up the enquiries from the Inland Revenue Department and Companies Registry
- Amend the governing instrument according to the request of Inland Revenue Department
- Prepare audit report (if company has been already established for 18 months or more)
- Follow up the enquiries from the Inland Revenue Department and Companies Registry
|
| Time required |
- Approximately 9 – 12 months
|
Contact us now
WeChat No. : atac27800823