I. Private companies
1. According to the new Companies Ordinance (Chapter 125, Laws of Hong Kong). 622) (hereinafter referred to as the "new regulations"), has there been any change in the requirements for private joint stock limited companies to submit annual returns?
A: No. The requirement for private limited companies to submit annual returns has not changed.
Second, listed companies.
1. Has the new regulation changed the requirements for listed companies to submit annual returns?
A: Yes. According to the new regulations, according to Article 6 12, the company may be exempted from convening the annual general meeting of shareholders. Therefore, as far as public companies are concerned, the date of holding the annual general meeting is no longer the reference date for submitting the annual return.
According to section 662(3) and (4)(a) of the new Ordinance, the annual return of a public company (together with the certified true copies of relevant financial statements, directors' reports and auditors' reports) must be submitted within 42 days after the date of the company's return, and the date of the return is the date of expiration six months after the end of the company's accounting base period. The accounting benchmark period is the benchmark date for the preparation of the company's annual financial statements. For example, if the end date of the annual financial statement prepared by the company is 65438+February 3 1, the accounting reference period of the company is 65438+1 October1to 65438+February 3 1 in the same year.
The relevant regulations require the company to submit an annual report for each fiscal year, instead of an annual report for each calendar year.
2. Is there any change in the requirement for listed companies to declare their members' details in the annual return?
A: Yes. According to Article 2 of Schedule 6 of the new Ordinance, listed companies only need to provide details of members who hold 5% or more of the issued share capital of any class of shares of the company on the date of the relevant return.
3. According to the new regulations, when will the new regulations for public companies to submit annual returns apply?
A: As far as public companies registered under the old Companies Ordinance are concerned, the new Ordinance applies to the first financial year starting on or after the effective date of the new Ordinance, and all subsequent financial years (Article 1 1 in the Schedule to the new Ordinance, 12 1( 1)(b
As for public companies registered under the new Ordinance, the new requirements apply to the first annual returns submitted by companies and subsequent annual returns. The company's first annual return (together with certified copies of relevant financial statements, directors' reports and auditors' reports) must be delivered for registration within 42 days after the date of return stated in question 1.
Third, the guarantee company.
1. Under the new regulations, are there any changes in the requirements for guarantee companies to submit annual returns?
A: Yes. According to the new regulations, the company can dispense with holding the annual general meeting of shareholders according to clause 6 12. Therefore, for the guarantee company, the date of convening the annual general meeting of shareholders is no longer the benchmark date for submitting the annual return.
According to Article 662(3) and (4)(b) of the new Ordinance, the annual return of a guarantee company (together with the certified true copies of relevant financial statements, directors' reports and auditors' reports) must be submitted within 42 days after the date of the company's return, and the date of the return is 9 months after the end of the company's accounting base period. The accounting benchmark period is the benchmark date for the preparation of the company's annual financial statements. For example, if the end date of the annual financial statement prepared by the company is 65438+February 3 1, the accounting reference period of the company is 65438+1 October1to 65438+February 3 1 in the same year.
Fourth, general application.
The relevant regulations require the company to submit an annual report for each fiscal year, instead of an annual report for each calendar year.
1. under the new ordinance, can I use the "certificate of unchanged data" to submit the annual return?
A: No. Sections 107(5) and (6) of the old Ordinance were repealed when the new Ordinance came into effect. Therefore, under the new regulations, companies cannot use the "certificate of unchanged information" to submit annual returns.
Welcome to discuss with us the annual returns of Hong Kong companies.