Hong Kong company annual return means any limited liability companies in Hong Kong should file annual returns to the department of the Hong Kong Company Registry and the Hong Kong Inland Revenue Department once every calendar year within 42 days after the anniversary of its date of incorporation. For other companies, the annual return should be filed within 42 days after the date of the annual general meeting (AGM) or within 42 days after the date of the written resolution passed in lieu of the AGM together with the original or certified copy of audited accounts.
I. Hong Kong Company Annual Return
Once after incorporation, a Hong Kong incorporated Limited company is required by the Hong Kong Companies Ordinance and Inland Revenue Ordinance to update its books of accounts, prepare financial statements and arrange audit of its annual financial statements and file certain returns with both the Hong Kong Companies Registry (company registration authority) and Inland Revenue Department (tax authority).
An Annual Return of Hong Kong registered company is required to be filed within 42 days after the anniversary of Hong Kong company incorporation together with the payment of a statutory filing fee of HKD2250.
II. Hong Kong Company Annual Return Requirements
1. Time Required
A registered non-Hong Kong company must deliver an annual return to the Registrar of Companies for registration within 42 days after each anniversary of the date of registration of the company under the Companies Ordinance (the prescribed time period). If you are not sure when your annual return is due for delivery, you may use the Annual Return Filing Calculator to calculate the due date.
2. Documents Needed
a. Original Copy of Signed Annual Return Filing Forms;
b. Copy of Hong Kong Certificate of Incorporation;
c. Copy of Hong Kong Company Business Certificate;
d. Copy of Hong Kong Company M & A;
e. Company Incorporation Papers (D1, D3, R1 Forms);
f. Copy of Identification Card of All Directors and Shareholders.
3. Documents Obtained
a. Business Certificate, original;
b. AR1 Forms, original.
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4. Service Fee
The annual registration fee payables for an annual return for different types of local companies are as follows:
a. For a private company having a share capital, the annual registration fee payable for an annual return is HK$105 if it is delivered within 42 days after the most recent anniversary of the date of its incorporation. Substantially higher registration fees are payable if the annual return is not submitted within the prescribed 42 days time limit.
b. In the case of an annual return of other companies having a share capital, the annual registration fee payable is HK$140 if it is delivered within 42 days after the date of the annual general meeting (AGM) or within 42 days after the date of the written resolution passed in lieu of the AGM. Substantially higher registration fees are payable if the annual return is not submitted within the prescribed 42 days time limit.
c. For a company not having a share capital (most of the companies limited by guarantee fall into this category), the annual registration fee payable is HK$105 and the annual return should be delivered within 42 days after the date of the AGM or within 42 days after the date of the written resolution passed in lieu of the AGM.
III. Hong Kong Company Annual Return Consequences
1. Consequences of or Late Delivery
Companies have to pay higher registration fees for filing Annual Returns late. For a local private company having a share capital, the registration fee payable for the late delivery of an Annual Return is:
(1) More than 42 days after but within 3 months after the anniversary of incorporation, HK$870;
(2) More than 3 months after but within 6 months after the anniversary of incorporation, HK$1,740;
(3) More than 6 months after but within 9 months after the anniversary of incorporation, HK$2,610;
(4) More than 9 months after the anniversary of incorporation, HK$3,480.
2. Consequences of Non-delivery
Companies which fail to file annual returns or file annual returns late are liable to prosecution and, if convicted, pay the fines imposed by the court. The maximum level of fine for a company which failed to comply with the requirements for completing and filing annual return is a fixed penalty of HK$50,000 and a daily default fine of HK$700.
As the filing of Annual Return, renewal of Business Registration Certificate and Registered Office and Company Secretary services are due at the same time. The Business Registration is due for renewal around one month before and after it is expired. The current business registration fee is HKD2250 per annum. Late renewal will attract a penalty of HKD300. Further delay will result in court proceeding and extra fine.
Contact Us
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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