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Corporate Service - Hong Kong

Question

HK Companies (Amendment) Ordinance 2023

Answer
Q:
What are the major changes of this amendment?
A:
The major changes of this amendment are:
  1. Modes of Holding a General Meeting;
  2. Contents of the Notice of General Meeting;
  3. Quorum of the Meeting; and
  4. Adjournment of General Meeting.

Q:
How to hold a virtual general meeting?
A:
You can use virtual meeting technology (means a technology that allows a person to listen, speak and vote at a meeting without being physically present at the meeting) for holding a virtual general meeting.

Q:
Can I hold the general meeting with physical location and virtual meeting technology at the same time?
A:
Yes, you can hold a general meeting with physical location and virtual meeting technology at the same time (Hybrid Meeting).

Q:
Can I hold the general meeting with more than 1 physical locations?
A: Yes, you can hold the general meeting with more than 1 physical locations and you must use any technology that allows your members who are not together at the same physical venue to listen, speak and vote at the meeting.

Q:
Do I need to amend by Articles of Association to hold virtual general meeting?
A: No. It need not to amend the Articles of Association to hold virtual general meeting, unless the Articles of Association mention the general meeting must held at a physical location.

Q:
What should I mention in the Notice of General Meeting for virtual meeting?
A:
The Notice of General Meeting for virtual meeting should mention the date, timing of the meeting and the virtual meeting technology to be used for the Meeting.

Q:
If I attend the general meeting by virtual meeting technology, will I be counted as present?
A:
Yes, the person who attends a general meeting by using the virtual meeting technology specified in the notice of the meeting, is to be regarded as being present at the meeting.

Q:
是Does this new amendment apply to all companies in Hong Kong?
A:
No, it only applies to companies formed and registered under the Companies Ordinance (Cap. 622) or a former Companies Ordinance.

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