Further to our Newsletter in 2021, Phase 1 of the New Inspection Regime under the Hong Kong Companies Ordinance came into force on 23 August 2021. Under Phase 1, companies may withhold the protected information as contained in registers of their Hong Kong companies and would not be provided for public inspection.

The Phase 2 will commence from 24 October 2022. Below are the set of details for your information.

1. Protected information
   
   Under the new inspection regime, there are two changes related to the information make available for public inspection for Hong Kong companies. Below are categorized as protected information and how they be replaced:
   

   (1)	The directors’ usual residential addresses will be replaced by their correspondence addresses. The registered office of the company is to be regarded as the correspondence address automatically unless filling the notification of change to Companies Registry; and
   (2)	The full identification number of directors, company secretaries and other relevant people will be replaced by partial identification number.

   
   
2. Replacing the protected information in Index of Director on the Companies Registry
   
   Upon the commencement of Phase 2, only partial identification numbers instead of full identification numbers of directors are available for inspection in Index of Director on the Companies Registry.
   
   In the rare circumstances of different person having the same name and partial identification number, the system will provide additional digit of the identification number to identity different person.
   
   
3. New specified forms released, and protected information will not be provided for public search by filing the new forms
   
   Upon the commencement of Phase 2, Companies Registry will only accept the new specified forms which include different pages to report protected information (e.g. full identification number) and replaced information (e.g. partial identification number).
   
   For public search, the Companies Registry will not provide the page of protected information on the form.
   
   
4. Who can apply for protected information?
   
   Companies Registry will only provide the protected information to specified persons by an application. The “specified persons” include:
   

   (1)	a data subject;
   (2)	a person who is authorized in writing by a data subject to obtain the information;
   (3)	a member of the company;
   (4)	a liquidator;
   (5)	a trustee in bankruptcy;
   (6)	a public officer or public body;
   (7)	a person specified in the Schedule to the Regulation;
   (8)	a solicitor or foreign lawyer;
   (9)	a certified public accountant (practising);
   (10)	a financial institution or designated non-financial businesses and professions.

   
   
5. What I need to do or when to pay attention on Phase 2?
   
   The protected information on the Index of Directors on the Companies Register will automatically be replaced unless you would like to report your different correspondent address with the registered office of the company.
   
   New specified forms have been released by Companies Registry and will only be accepted after the commencement of Phase 2. If Kaizen is acting as the Company Secretary for your company, we shall prepare appropriate forms for any pending or new cases.  
   

See also:
Hong Kong New Companies Ordinance