Overview: Types Of Hong Kong Companies
Several venture capitalists are preferring to start their firms abroad, and Hong Kong is one the primary place for every entrepreneur to start their business.
One of the major reasons to enter an international market is just to gain the privilege of Hong Kong’s tax-friendly jurisdiction. Being the world’s 9th biggest economy, which provides a very profitable and regular environment with modern telecommunications.
Hong Kong has a stable political habitat and a non-intervening government program. The business-friendly tax policy & the formal process have been tempting plenty of people to do business in Hong Kong.
Process Of Starting a Companies In Hong Kong
The technique is quite a simple one, however, once you have agreed to incorporate a firm in Hong Kong, you can select the name and review it if it is available. To register a firm name in Hong Kong Companies Registry takes less than 24 hours.
Eventually, the first step for an individual to begin a business is to determine what the relevant structure is and the type of firms which would suit the business concept.
It is important to examine the suitable type of Hong Kong company, so the exact method can be chosen.
Different Types of Hong Kong Companies
The popular type of HK business beings is sole proprietorships, limited liability companies, & limited liability partnerships. As, the firms that an individual can start in Hong Kong incorporate a Hong Kong LLC.
1. Limited Liability Company ( LLC )
Like all the enterprises being quoted above, the Hong Kong LLC is an extensively popular company in Hong Kong, as it offers the safety of private properties from the penalties and the problems of the enterprise.
2. Sole Proprietorship
Such kinds of business are of a small scale and a less failed company, that’s the reason why sole proprietorships are simple to start.
Due to a lack of rightful entity, this kind of business system is not advised to the small entrepreneurs, & also it doesn’t safeguard the private assets of the proprietor from the penalties of the firms.
3. Partnership
The firm structure allows two or more partners to share the ownership of a sole Hong Kong Limited firm, allowing them to share the accountability and even boost the potential to raise funds required by the business.
But in this, the members are separately and together responsible for the actions of the other members.
4. Foreign Company Office
Any foreign business that wishes to have a Hong Kong office, can keep a regular office, an assistant, or a department office here in Hong Kong.
What Sort Of Entity Is To Be Selected?
Your choice of various types of Hong Kong companies would depend on a specific plan and situation. Situations like if an individual aspires to execute business activities for profit or if the individual desires to raise money via outer investment.
Also, the firm’s business nature, size, system, and upcoming plans should be brought into account. All these will affect the outcome involving the choice of a business being.
However, in case an individual wishes to establish a small company with low risk and prefers to be the only proprietor of the firm along with having enough economic aid on their hands, it is straightforward and simpler for them to enlist the firm as a Sole Proprietorship.
But it is vital to point out that the liability is endless and there isn’t any insurance for the private assets.
In case an individual desires to share the accountability of a business that is operating well, or in case the individual doesn’t have the expected financial aid, they can choose the Limited Partnership company- distinct from a limited company.
Limited Liability Company (LLC)
One of the most well-known kinds of Hong Kong firms is LLC, which will be simply integrated with HK. With a company’s Registry, every firm needs to enlist themselves under the company Ordinance.
Such a firm has a distinct legal entity from the partners of the organization. Under the LLC, two firm categories exist – a public firm and a private firm.
Out of all these choices, the most selected type of company in Hong Kong is the private limited firm. The accountability of the proprietors is restricted to the assets which are available in the firm. Furthermore, the private assets are insured from the company’s detriments.
Advantages:
Tax Benefits
- Tax Benefits and Incentives:
Various tax privileges are available in the PLC that is admired by those who opt for this Hong Kong business. The income tax also named the corporate tax, which is 16.5% of the assessable incomes for firms.
And since Hong Kong obeys the territorial basis of tax, only the revenues that are arisen from Hong Kong apply to the tax. Besides this, there are few taxations on which there are no charges, like VAT, sales tax, and even withholding tax, and nor on the income and bonuses, or equity tax.
- Transfer of Ownership
The detailed or half transfer of the possession of the firms can be achieved by vending a portion of a stake or through the allotment of the fresh stakes to other venture capitalists.
Such policies in the business can go on during this functioning, while the legal documentation is not difficult at all.
- Explicit Image
The PLC is brought positively as correlated to the co-operation and the single proprietorship. Ahead of this, the investors are merrily ready to extend their aid to personal HK Limited enterprises.
- Ease of Raising Capital
Company growth is supported by the comfort of boosting finances, and it is possible only by pulling in new stakeholders or circulating more stakes to the available stakeholders.
Apart from all, it’s too simpler for the Hong Kong LLC to fulfill bank mortgages as related to the distinct firm entity.
- Eternal Succession
The business would resume existing even if there is a transition in the partners. If due for some reason a stake needs to be transferred & stakeholders require to be changed, though there can’t be any effect on the firm performance.
It says that the business has a continual cycle notwithstanding the bankruptcy, death, or resignation of the managers or shareholders.
- Distinct Legal Entity
The PLC has a personality that is different from its partners that allow limited liability firms to obtain assets, sue or be charged in their name, enter into bonds, and even go into deficits.
The responsibility of the shareholders is defined as the number of their shareholdings or investment.
Disadvantages:
- Exposure Requirements
The firm would have to share some data that would be accessible to the public. The data like the personal details of shareholders, secretaries, administrators, and other partners, and the wealth hierarchy would be restored in the Companies Registry.
- Ongoing Compliance
There are a few statutory responsibilities that the PLC must embrace.
- Intricate Winding-up process
Shutting down the firm is quite costlier than governed and tangled as related to the distinct category of the firm.
Sole Proprietorship
It is considered the easiest and the most extensively vulnerable form of business. From the name, it is recognized that the firm is acquired and regulated by one person in solitary.
Even though the modest form of enterprise is the sole proprietorship, it is usually considered the riskiest company since there is no safety of the private assets from the harms and the risks that occur in the business.
While the sole proprietor collects entire the revenues from the business, he/she is fully accountable for all the loss. Just because of this, there is an economic risk which is why few entrepreneurs are specifically dejected from utilizing this kind of Hong Kong company.
Advantages:
- Ease of Termination
To discontinue the single owner is much simple, less costly, and limited time-consuming as compared to the other firm types.
- Sole Beneficiary of Profits
The single owners don’t require to share profits arising from the business.
- Simple Decision Making
Since the single owner grips the full control of the whole business relationship, the decision-making is worthwhile and quick since there is no necessity to aspire the permission from any other partner in the firm.
- Simple to Establish
This sort of Hong Kong firm is very modest and easy to set up due to the simple procedures.
Disadvantages:
- Sale/Transfer of All or Part of the Company
The business can be switched by auctioning the company assets only.
- Limited Life of the Company
Since there isn’t any continual progression of the single owner, if the proprietor dies, this firm would discontinue existing.
- Limited Capital
Since the mere source of wealth in this firm is from the individual finances of the single owner, and the firm produced profits, the exclusive working in the firm makes the progress and growth limited.
- Vast Personal Liability
If there are deficits in the company, there is no safety of the private assets that incorporates the proprietor’s property.
- No Separate Legal Entity
This business is not a distinct legal entity, and therefore the company and the proprietor are considered as one where the owner is accountable for all the deficits and the penalties.
Partnership
Partnerships are characterized as the firm that is co-owned and created by two or more people who come together to regulate a company to share the earnings themselves.
Advantages:
- Collective Expertise
Productivity can be achieved through influential decision-making together with all the skills, understanding, mastery, and assistance of the partners.
- Tremendous Efficiency
A much adequate efficiency can be achieved since the general membership has the full independence to govern the firm without any restriction and is accountable for the day-to-day firm affairs and the decision-making of the company.
This is a considerable perk for the particular members who have sufficient finance but don’t have any time or skill required for the business.
- Ease of Raising Capital
The members do not just rely on personal sources for increasing the company capital. The other source of finance includes loans from banks.
Disadvantages:
- Sharing Profits
Any revenues that arrive in the company have to be shared equally with the members.
- Divided Goals and Opinions
The partnerships could divide by those backers who reject the working processes, business objectives, and management strategies.
The several personal disagreements that have odds of happening during the succession of the company could damage the firm as an all.
- No safety of personal assets
Just like the single owner, the members in this sort of Hong Kong firm can be personally liable for the firm failures and deficits.
Besides all, you get zero safety of your private assets which could be utilized to settle the expenses and losses of the company. The assets can be the members’ stakes, car, home, etc.
Company Branch In Hong Kong
As per the firm’s registry, a branch office in Hong Kong is not a distinct legal firm, however, it is an associate of the primary firm. Due to the lack of ownership rights, the parent firm is completely responsible for all of the branch’s deficits and accountabilities.
To get a certificate of enrolment as a non-Kong Kong company, a foreign company that wants to open a branch in Hong Kong must enroll with the Firm Registry. A branch even enrolled with the HK Inland Revenue Department’s Business Registration Office.
Company Office of Representation
A representative office is also recognized as a liaison office. The name of a representative office must be similar to the name of the parent firm. Companies are not authorized in Hong Kong, through a yearly tax return with a “NIL” filing is essential.
To get government certificates, a liaison office must possess a regional representation. In Hong Kong, this entity way is generally used for growth, publicity, and marketing research.
It is even considered a point of contact for feasible and local customers as well as for expanding connections with Hong Kong suppliers.
To get a certificate of enrolment as a non-Kong Kong company, a foreign company that wants to open a branch in Hong Kong must enroll with the Firm Registry. A branch even enrolled with the HK Inland Revenue Department’s Business Registration Office.
Conclusion
Hong Kong firm creation is in huge demand, and you must choose an adequate business entity type for your company registration in Hong Kong.
To know more about the type of companies in Hong Kong we are ODINT Consultancy, here we are to help you out in each & every step of yours.
FAQ’s
The 4 most common business ways are sole proprietorship, partnership, corporation, and S corporation.
Because of their Location, loyal political atmosphere, and economy. Apart from this, it has a friendly tax law, world-class infrastructure, and an efficient legal procedure, which are all reasons why Hong Kong is regarded as such a profitable marketable hub.
Private companies, public firms, and one-person businesses are the three important types of organizations founded under the Companies Act of 2013.
