Designated representative explained Hong Kong

Designated Representative Explained

The designated representative explained under Hong Kong company law is the person a company appoints to handle law enforcement requests for its Significant Controllers Register (SCR). This role was created on 1 March 2018 by the Companies Ordinance (Cap. 622) and applies to every Hong Kong incorporated company.

Hong Kong SCR Designated Representative

A company's designated representative is the individual or body corporate it nominates to assist the Companies Registry and law enforcement agencies with SCR requests. The company must notify the Registrar of this representative's details and update the Registrar of any changes.

Significant Controller Representative

The significant controller representative is the same role as the designated representative. The term is used within the SCR regime, where this person handles enquiries about the company's significant controllers, those holding more than 25% of the issued shares or voting rights.

SCR Representative Duties

The SCR representative's primary duty is to respond to notices of request from law enforcement officers who need to inspect the SCR for an investigation. They must produce the register at the prescribed place within the specified timeframe and provide any reasonable assistance required.

Who Can Be Designated Representative

A designated representative can be: - A natural person who is a director, company secretary, or employee of the company - A body corporate that is a company secretary or a TCSP licensee - A legal practitioner or accounting professional engaged by the company

The representative must be ordinarily resident in Hong Kong or have a place of business here. The SCR is a non-public register kept at the company's registered office or another prescribed place in Hong Kong, and the designated representative is the compliance officer responsible for managing inspection rights.