The role of an authorised representative in Hong Kong

Authorised Representative Hong Kong: The Statutory Role

A registered non-Hong Kong company must appoint at least one authorised representative in Hong Kong. Part 16 of the Companies Ordinance (Cap. 622) sets out this requirement. The representative, either a person or a body corporate, is the official channel for all communications between Hong Kong authorities and the foreign company. They are the company's legal point of contact. The representative receives service of documents, legal proceedings and all official correspondence from the Companies Registry and the Inland Revenue Department.

Who Can Be an Authorised Representative

The representative may be a natural person resident in Hong Kong or a body corporate with a place of business in Hong Kong. A company incorporated outside Hong Kong cannot act as its own authorised representative. The appointed representative must be able to reliably receive and forward documents to the foreign company's head office.

Non-Hong Kong Company Representative: Appointment and Filing

When a foreign company applies for registration under Part 16, it must state the name and address of its authorised representative on Form NN1. Any subsequent change of representative is notified on Form NN9. The Companies Registry keeps the current representative on the public record.

Part 16 Authorised Representative: Legal Significance

The Part 16 authorised representative is the person on whom documents may be served for any legal proceedings against the registered non-Hong Kong company. Service on the representative is treated as service on the company itself. The representative must accept service even if the company has ceased to carry on business in Hong Kong, until the company is deregistered.

Hong Kong Company Representative: Ongoing Obligations

The authorised representative must keep the Companies Registry informed of any change in their own particulars. If the representative ceases to be resident in Hong Kong or ceases to have a place of business in Hong Kong, the company must appoint a replacement and file Form NN9 within the prescribed period.

Foreign Company Agent Hong Kong: Practical Role

The authorised representative often acts as the foreign company's agent for receiving correspondence from the Inland Revenue Department, including profits tax returns and notices. The representative should have authority to forward documents promptly to the company's head office and to respond to official enquiries.