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Tax Information : Business Registration : "Business" Required to be Registered and Application for Business Registration


"Business" Required to be Registered
Application for Business Registration
  For a new business carried on by an individual or a partnership
  For a new business carried on by a limited company
  For opening a branch
  For recommencement of a business
  Business Name
  Specimen of Application Forms
  Payment Upfront
  Performance Pledge
  Failure to apply for Business Registration on time


"Business" Required to be Registered

Includes:

any form of trade, commerce, craftsmanship, profession, calling or other activity carried on for the purpose of gain;
   

any club which provides facilities, services and exclusive club premises to its members for social intercourse or recreation; and

   

every company incorporated in Hong Kong in accordance with the Companies Ordinance or non-Hong Kong company that has established a place of business in Hong Kong, regardless of whether it is actually carrying on any business in Hong Kong.

   

every non-Hong Kong company that has a representative or liaison office in Hong Kong, or has let out its property situated in Hong Kong, regardless of whether it has established a place of business in Hong Kong.

 
However, a person who is only holding an office or employment is not regarded as carrying on any business and is not required to apply for business registration.
   
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For a new business carried on by an individual or a partnership

A new business carried on by an individual or a partnership must be registered with Business Registration Office within 1 month of its commencement. If a business is carried on by an individual, a Form 1(a) should be completed. In the case of a partnership, a Form 1(c) should be completed. These forms should be submitted together with photocopies of the Hong Kong identity cards or passports of the proprietor or all the partners.
   

If the sole proprietor (or all the partners in the case of a partnership) is not residing in Hong Kong, he/she/it has to appoint an agent who is residing in Hong Kong to act on his/her/its behalf for the purposes of business registration. An appointment letter in favour of the agent and a copy of the agent's Hong Kong Identity Card must be submitted together with the business registration application form. In the appointment letter, full particulars of the agent must be stated including his name, Hong Kong identity card number and residential address. Alternatively, you may furnish the details on the form IRBR 177.

 

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For a new business carried on by a limited company

Before making application for a Business Registration Certificate, a limited company must first be registered with the Companies Registry, located at Queensway Government Offices. Applications should be made within 1 month of the date of incorporation or registration with the Companies Registry. A Form 1(b) should be submitted with a photocopy of the Certificate of Incorporation or Certificate of Registration of non-Hong Kong company issued by the Companies Registry.
   

A non-Hong Kong company which commences to carry on business in Hong Kong before the procedure for registration with the Companies Registry has been finalised may still apply for business registration within 1 month of such commencement of business. For these cases, a Form 1(b) should be submitted together with a copy of the Certificate of Incorporation issued by the country of incorporation (or its equivalent) and a certified copy of an English translation thereof if the original is not in English.

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For opening a branch

A branch business must be registered with the Business Registration Office within 1 month of its commencement. A Form 1(d) should be completed .

 

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For recommencement of a business

The old provision on the recommencement of business under the Business Registration Ordinance had been repealed. If you wish to recommence a sole proprietorship or partnership business which has ceased previously, you must make a new application for business registration within 1 month of the recommencement of the business.

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  Business Name

When you register your business, you may register a business name. You should take one of the following three choices:

   
  (a) register a Chinese name only;
     
  (b) register an English name only; or
     
  (c) register both a Chinese name and an English name.
     
For a Chinese name, you may include English alphabets, but not English words. If you wish to include symbols in either a Chinese name or an English name, only the following symbols can be used:
   
 
(a) For Chinese Name
 
 
 
 
 
 
 
 
 
 
(b) For English Name
 
!
#
$
%
&
*
 
 
'
(
)
+
-
=
 
 
:
;
,
.
<
>
 
 
?
/
@
\
     
     
Please note that you may not use the following names as your business name:
   
  (a) a name which suggests that the business is incorporated with limited liability when it is not,
     
  (b) where the business is incorporated with limited liability, a name which suggests that the business is incorporated under a different name, e.g. a corporation "ABC Ltd." cannot use a business name "XYZ Ltd." or
     
  (c) a name which suggests a connection with the Government or any public body when no such connection exists or has existed.
     
Sometimes, for the same business, you may wish to register more than one business name. This is permissible. However, each registered additional business name will be treated as a branch of the business. The additional business name must also follow the rules mentioned above.
   
If you carry on more than one business, you should register each business separately. Each business may have its own business name.
   

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Specimen of Application Forms

You may download a specimen of the following application forms for reference. The specimen forms are saved in pdf format which can be viewed and printed by using the Adobe Acrobat Reader 5.0 or above and Adobe Asian Fonts Packs which are available free at the Adobe Systems Incorporated website.
   
Download copy MUST NOT be used for submission of application. Only forms that are printed by and according to the specifications of the Department are acceptable for application purposes.
   
Application forms are available for collection at the Business Registration Office. You may also complete the form IRBR194 or write to us to obtain the application forms. Please state your name, your correspondence address and the type of application form you required in the letter , and return it either by post or fax (2824 1482). The application forms will be sent to you afterwards.
 
  (1) Form 1(a) (PDF:794KB) - Application by an individual for registration of business carried on by him in Hong Kong.
  (2) Form 1(b) (PDF:1,122KB) - Application by a body corporate for registration
  (3) Form 1(c) (PDF:1,093KB) - Application by partnership or by other body unincorporate for registration of business carried on by such body in Hong Kong
  (4) Form 1(d) (PDF:726KB) - Application for registration of branch business carried on in Hong Kong.

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Payment Upfront

All applications for registration of a business must be accompanied by full payment of the appropriate business registration fee and the levy before they will be processed. For applications made by post, cheques for the appropriate amounts made payable to the "Government of the Hong Kong Special Administrative Region" must be sent in together with the application forms. As for applications made over the counter, payments must be made immediately on the spot. Please note that upfront payment is still required even though the applicant might also be applying for exemption from payment of the fee and levy under section 9 of the Business Registration Ordinance. A refund will be made if the application for exemption is later approved.
   

The making of an application for registration must be payment linked, the opening hours of the "New Business Registration" counters are tied in with the opening hours of the shroff office as follows:

 


4th Floor, Revenue Tower, 5 Gloucester Road, Wan Chai, Hong Kong.

  Mondays to Fridays : 8:45 a.m. to 5:00 p.m.
   
Applicants arriving before 8:45 a.m. in the morning or after 5:00 p.m. in the afternoon can make use of the drop-in boxes provided to leave behind their application forms and payment cheques for subsequent processing.

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Performance Pledge

With effect from 1st April 2000, business registration certificates for newly registered businesses will be issued as follows:
   
  Applications over the counter - Issued within 30 minutes of receipt of properly completed applications.
  Applications by post - Issued within 2 working days of receipt of properly completed applications.

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Failure to apply for Business Registration on time

Any person who fails to apply for business registration shall be guilty of an offence and shall be liable to a fine of $5,000 and to imprisonment for 1 year.
   
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2003 | Important notices | Privacy policy Last revision date: 15 August 2008