Introduction Dividend payments are a key mechanism for returning value to shareholders. In this article we take a look at general principles governing the process, applicable laws and financial determinations to be made in three jurisdictions: the British Virgin Islands (BVI), Cayman Islands and Hong Kong. In each jurisdiction distributions by dividend are governed by […]

Opening a bank account is usually one of the first items on a new company’s to do list, however, the process of establishing a corporate bank account in Hong Kong can present significant challenges, and is often more complicated than a company incorporation due to strict regulatory requirements and high compliance standards imposed on banks. […]

Introduction In the intricate world of private companies, safeguarding the investments and interests of shareholders is paramount. One such protective measure is the right of pre-emption, also known as the right of first refusal. This corporate mechanism empowers existing shareholders by granting them the opportunity to acquire shares being sold by fellow shareholders before they are […]

As noted in our previous updater, amendments to the BVI Business Companies Act (Revised) came into force on 1 January 2023 introducing the requirement for BVI companies to file an annual financial return (AFR) with their registered agent. The BVI Business Companies (Financial Return) Order, 2023 (the Order) enacted in March, details (1) the form of the AFR, (2) the due and filing dates, and (3) entities exempted from filing the AFR.

We provide a comprehensive guide to the AFR requirements and what BVI companies need to know in order to be ready to prepare their AFR.

Recent amendments to the BVI Companies Act (Revised) have introduced significant changes to the strike off regime and restoration process. We outline the process and implications around strike off and dissolution of BVI companies under the new regime and the temporary transitional period which is currently in force.

As an administrator, we use our experience to help managers and investors alike in understanding the complexities of the private equity space. We understand that not all investors are familiar with this asset class, making it a challenging proposition to investors who are otherwise more accustomed to the liquidity, information flow and timing associated with the public market. We that find our knowledge around effective performance metrics is helpful to new managers and investors navigating the area and have produced a short explainer for those new to the asset class.

The Companies Ordinance (Cap 622) (CO) introduced a company-led court-free process for reduction of share capital in 2014.  This followed in the wake of the removal of the requirement for companies to have an authorised capital, which in turn followed a trend globally of removing restrictions in the handling of company capital that has swept up major common law countries such as the UK and Australia.

Although Hong Kong is very business-friendly and constantly ranked among the top countries for its ease of doing business, when it comes to HR and payroll compliance, most foreign owned companies and start-up businesses find employer and employee compliance burdensome. This is often due to the limited resources available in time and funds. Hiring an employee early on solely for the administration of personnel matters for a small team can rarely justify the expense. However, the consequences of an oversight and the resulting potential non-compliance with labour laws and related regulations can be severe. In this short guide, we will highlight the most common issues business owners and directors should keep in mind.

When clients find that they no longer need their Hong Kong company they would naturally like to reduce their Company-related costs. With our clients’ best interests in mind, Marbury would usually recommend that the Company be formally deregistered in order to prevent future liabilities. However, if there is a chance that the Company may be needed at a later stage, you may consider declaring the Company dormant.

When at the end of its useful life, deregistration is an easy and inexpensive procedure to close a Hong Kong defunct solvent company, and to prevent future liabilities to the Company and its officers.  We have prepared a short overview of the process here.