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Corporate Service - Hong Kong

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Hong Kong - New implications under the commencement of New Inspection Regime (Phase 2)

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Q:
When does the phase II of the new inspection regime commence and what contents will be covered?
A:
The commencement date of Phase II is 24 October 2022 which is stipulated in The Companies Ordinance (Commencement) (No.2) Notice 2021.  In Phase II, usual residential address and full identification numbers (“Protected Information”) on the Index of Directors on the Companies Register will be replaced with correspondence address and partial identification numbers for public inspection. From this phase, only “Specified Persons” could apply to the Companies Registry for access to Protected Information of directors and other persons.

Q:
Are there any changes of forms to report the Protected Information?
A:
Yes. Revision of 26 specified forms pertaining to the reporting of Protected Information for use starting from the commencement date of Phase 2. As from the date, the Companies Registry will only accept the revised specified forms for registration. Existing version of the specified forms concerned will no longer be accepted and will be returned to presentors.

The revised specified forms for use after the commencement of Phase 2 will contain a “PI-sheet” to each relevant form for reporting Protected Information of individuals and the PI-sheet will NOT be made available on the Register for public inspection.

Q:
What are the differences in the search results upon the commencement of phase 2?
A:
Protected Information contained in documents filed for registration after commencement of Phase 2 will not be provided for public inspection.

Q:
If I am a Specified Person, how can I apply for access to Protected Information?
A: There are three new application form for use relating to obtaining Protected Information. It requires to submit the new application form for one time application. For specified professionals, they can apply a special account for multi-companies.

Q:
If I am not a Specified Person, how can I apply for access to Protected Information?
A: You can only obtain the Protected Information under the authorization of the data subject. The Professionals can only disclose the Protected Information to third party under the company/data subject’s authorization.

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