Execution of documents in Hong Kong — recent developments
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. Among the innovations it contains, it includes changes that affect the way documents may be executed. Now is an opportune time to review the requirements for executing documents in Hong Kong in light of both the changes in the NCO and the decision in the Mercury case.
Under the NCO, Hong Kong companies will no longer be required to have a common seal. If a company chooses to adopt a seal, then, as in the past, the seal must be a metallic seal with the company’s name engraved in legible form and it should be applied in accordance with the company’s articles of association.
When the NCO comes into effect, a company may simply execute a document by having it signed by the sole director (in the case of a company with only one director) or by two directors or one director and the company secretary (in the case of a company with more than one director). A company may execute documents this way even if it does have a common seal and this will have the same effect as executing a document under the company’s common seal…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The Fair Work Commission has upheld the dismissal of an employee who refused to acknowledge that he had read and understood his employer’s social media policy.
Analysis from The Lawyer
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
Hong Kong IPO activity is hotting up again, but UK legal stalwarts are looking over their shoulders as US rivals make up ground fast