Hong Kong non-profit company
legal status of Non-Profit and Charity organisations
Hong Kong is a popular choice for non-profit organisations and charities to register a legal entity since since no capital is required. A “company limited by guarantee” is often the best choice and set up in the same method as company limited by shares”.
- Incorporation: About 3 weeks
- Company Secretary: Required
- Directors: At least 2 persons (not legal entity)
Whether a non-profit organisation registers as a Company or a Society, it must also complete Business Registration with the Inland Revenue Department. For company, process of incorporation in CR automatically trigger the registration of BR in IRD because of One-stop Company and Business Registration and One-stop Notification of Change of Company Particulars.
Charity should have a governing instrument. It is essential that a charity is established by a written governing instrument. The type of instrument adopted will depend on the particular circumstances pertaining to the charity proposed and the preference of the promoters or founders. Persons who are considering starting a charity are advised to seek legal advice about the format, content and legal sufficiency of the charity’s governing instrument. Before seeking advice, persons founding a charity must be clear in their own minds as to the purposes of the charity and the manner in which they wish the charity to be administered.