Establishing a Branch in Hong Kong: Key Steps and Obligations for Non-Hong Kong Companies

To establish a branch of a non-Hong Kong company in Hong Kong, you must submit an application for registration to the Registrar and the Commissioner of Inland Revenue within one month of establishing a place of business in Hong Kong. Registration with the Registrar may not be necessary if the branch office is not used to transact business that creates legal obligations in Hong Kong.

Non-Hong Kong companies often register a branch using a professional firm’s address temporarily before setting up an actual place of business in Hong Kong. Reasons for this include obtaining registration evidence necessary for leasing premises, expediting visa applications for overseas employees, and enabling the opening of bank accounts.

The branch is typically registered under the name of the non-Hong Kong company. However, it may be directed to change its name for Hong Kong purposes if it resembles an existing Hong Kong company or branch already on the Register of Companies, or if its name is misleading about its activities in Hong Kong. Please note that registering a company name with the Companies Registry doesn’t confer trademark or other intellectual property rights.

The branch can conduct business in Hong Kong while pending registration. The registration process usually takes about 10 working days from filing the relevant documents.

Maintaining a branch requires regularly updating various documents with the relevant authority.

Annually, the non-Hong Kong company must file an annual return along with its latest published accounts, unless exempted by the law of its incorporation place or other relevant jurisdictions. Changes in corporate structure or management must also be reported to the Registrar to maintain the branch’s good standing in Hong Kong.

Special obligations include prominently stating the non-Hong Kong company’s name, country of incorporation, and limited liability status on its letterhead, contracts, and at its business venues in Hong Kong.

Ceasing business in Hong Kong requires filing a specified notice to the Registrar within 7 days, along with informing the Commissioner of Inland Revenue. Outstanding taxes or returns must be settled, and an authorized representative for service of process must be maintained for at least 11 months after cessation.

Mayon Solutions Limited is available to advise on establishing a branch of a non-Hong Kong company in Hong Kong.

Reach out to us: sales@mayon.hk