Authorised Representative Letter Template for Hong Kong

An Authorised Representative Letter is a formal legal document that allows your Hong Kong company to delegate specific powers to an individual who can then act on your company's behalf. This document creates a legally binding agency relationship and is essential for businesses operating in Hong Kong's regulated environment.

When do you need this document?

You will need an Authorised Representative Letter when your company requires someone to handle specific business matters on its behalf. This commonly occurs when appointing representatives to submit regulatory filings to the Companies Registry, handle banking transactions, sign contracts with third parties, or represent your company in government proceedings. The document is particularly crucial for companies with overseas directors who cannot be physically present for important business activities. Financial services companies often require this documentation to comply with Securities and Futures Ordinance requirements when appointing representatives for regulated activities.

Key legal considerations

The scope of authority granted to your representative must be clearly defined and specific to avoid potential disputes or unauthorized actions. You should include precise limitations on the representative's powers, specify the duration of the appointment, and clearly outline any reporting requirements. The document must identify the representative with sufficient detail, including full name, identification number, and position within or relationship to the company. Consider including indemnification clauses to protect your company from potential liability arising from the representative's actions within their authorized scope. If the representative will handle personal data, ensure compliance with the Personal Data (Privacy) Ordinance. For financial activities, consider Anti-Money Laundering and Counter-Terrorist Financing Ordinance requirements.

Legal requirements in Hong Kong

Under Hong Kong law, the Authorised Representative Letter must comply with the Companies Ordinance (Cap. 622) and include your company's full legal name, registration number, and registered address. The document should be executed on company letterhead and properly signed by authorized company officers, typically directors or the company secretary. If your company is involved in securities or futures activities, the appointment may need to comply with additional requirements under the Securities and Futures Ordinance (Cap. 571). The letter must clearly state that it creates an agency relationship and specify whether the representative has authority to bind the company contractually. Proper witnessing may be required depending on the nature of the powers being delegated. Keep detailed records of all appointments and ensure timely revocation procedures are in place when the representative's authority expires or is terminated.