What is Designated Representative
A company must designate at least one person as its representative to provide assistance relating to the company’s significant controllers register to a law enforcement officer.
Under the Companies (Amendment) Ordinance 2018, all companies incorporated in Hong Kong (except listed companies) are required to :-
identify and ascertain a person / persons who has / have significant control over the company; and
maintain a significant controllers register to be accessible by law enforcement officers upon demand.
Who may be Designated Representative
A company’s designated representative must be either
a director, an employee or a shareholder of the company who is a natural person resident in Hong Kong or,
an accounting professional, a legal professional or a person licensed to carry on a business as trust or company service provider (“a TCSP licensee”).
Significant Controller can be Designated Representative
A significant controller of a company can be appointed as the designated representative of the company. The two can be the same person if that person can satisfy any of the following requirements, that is he/she is either :
a director, employee or member of the company who is a natural person resident in Hong Kong; or
an accounting professional, a legal professional or a TCSP licensee (i.e. a person licensed to carry on a trust or company service business in Hong Kong).
Designated Representative for Companies within a Group
If you are an employee of the holding company of a group of companies, you can be appointed as the designated representative of the holding company. If you are not a director, employee or member of the other companies under the same group, you need to be an accounting professional, a legal professional or a person licensed to carry on a trust or company service business (“a TCSP licensee”) before you can be appointed as the designated representative of these companies. In other words, you can be appointed as the designated representative for all the other companies within the group if you are an accounting professional, a legal professional or a TCSP licensee.
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