In Hong Kong, a mediator requires a valid license to carry out financial services regulated exercises. The regulated exercises involve securities dealing;  leveraged foreign exchange dealing; futures dealing; counseling on corporate finance, insurance and futures; securities margin investment; providing automated trading services; and property management.

Overview

Timeframe: within 6 months

Minimum paid-up capital:

496,000 Pound ( > EUR 500 000) – if accepted as an introducing agent*

29,75000 Pound ( > EUR 3 million) – in any other case

Minimum liquid capital requirement:

297,500 Pound ( > EUR 300 000) – if approved as an introducing agent

14,87000 Pound ( > EUR 1,5 million) – in any other case

*Introducing agent (broker) – presents customers to fulfilling brokers with which the client’s open records for trading in securities, futures and/or leveraged foreign exchange agreements.

A candidate for a Type 3 license is needed to present the relevant application to the Commission.

Advantages of Hong Kong licensed corporation:

  • Security and reliability
  • English is an official language
  • No Corporate Income Tax on foreign income;
  • No withholding tax on interest, profits, and royalty
  • No obligation to have a local office
  • No obligation to maintain Hong Kong residents in the structure

Hong Kong commands no limitations on foreign investments and has no foreign exchange restrictions

Notable features

General information

Company structure

  • At least one director. Who can be only natural persons, advisable to have at least one resident in Hong Kong.
  • At least one shareholder. Who can be natural or legal persons, no nationality or residency limitations.
  • At least two (preferably three) Responsible Officers (RO)
  • *Minimum one RO needs to be an administrative director. No obligation to be resident in Hong Kong

Taxation

  • 0% tax rate on foreign profit
  • 16,5% tax rate if profits are coming from Hong Kong
  • No tax on capital gains, dividends or interests

Accounting requirements

Accounting reports may be stored at the local offices of the administrator or away at the discretion of the directors

Audit conditions

An audit should be done from Hong Kong by a designated accountant who must be a member of the Hong Kong Society of Accountants and have a practicing certificate

Local office – Not Needed

Company name

  • Language: English or Chinese (the combination is not allowed)
  • Names holding royal, national, international, and financial or other signs are prevented
  • Names that are misleading or deceitful are prohibited
  • Identical or almost identical names are prohibited
  • Offensive names are forbidden

The following names require prior approval: Trust, Chamber of Commerce, Savings, Building Society, Municipal, Trustee, Cooperative, Tourist Association, Underground Railway Kaifong, Mass Transit,

Procedure

In order to receive a license, the subsequent steps will be carried out:

  • Application for license reservation of company
  • Development and submission of the form and documents to the Registry
  • Establishment of the company
  • The opening of the bank account
  • Preparation of the application to Type 3 license
  • Submission of the licensing application to the SFC
Documents

Please provide us with the following documents to obtain the license

  • Notarized passport photocopies of each director and shareholders
  • Notarized address proof of each director and shareholders.
  • Bank reference letter
  • 2 Lawyer’s / auditor/ accountant recommendation letters
  • CV for directors and shareholders
  • Educational eligibility certification for directors and shareholders

In the case if the shareholder is a business, needs to provide:

  • Passport of an Authorized Person for the body Corporate (to be attested true copy by Commissioner of Oath, Notary Public or Embassy)
  • Utility Bill as verification of residency of an Authorized Person
  • Latest CV detailing the Educational background and Working experties
  • M&A to add the condition on the business of the Hong Kong Company or allowing to do so
  • 2 Referral letters for the Authorized Person that is to be distributed by a Licensed professional such as a Lawyer, Auditors, Company Secretary or Bank of an Approved Person for the body Corporate
  • Registries of Business listing down the name of Director, Shareholder, Company Secretary, Auditor(needs to be certified true copy by the Company Secretary)
  • Certificate of Incorporation (to be verified original copy by the Company Secretary)
  • Resolution by the Organization to elect the Authorized Person to act on behalf of the Company (to be certified true copy by the Company Secretary)
  • Determination of the Business to invest in the Hong Kong Company (to be verified true copy by the Company Secretary)