Beneficial Owner Declaration Form for Hong Kong

Beneficial Owner Declaration Form Template for Hong Kong

A statutory declaration form required under Hong Kong law for identifying and documenting beneficial ownership of companies incorporated in Hong Kong. The form captures detailed information about individuals who ultimately own or control a company, including their personal details, the nature and extent of their control or ownership, and relevant supporting documentation. This document forms part of the company's Significant Controllers Register (SCR) requirements under the Hong Kong Companies Ordinance and helps maintain transparency while supporting anti-money laundering compliance.

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What is a Beneficial Owner Declaration Form?

The Beneficial Owner Declaration Form is a crucial compliance document required under Hong Kong's Companies Ordinance, specifically following the 2018 amendments that introduced the Significant Controllers Register regime. This form must be completed when there are changes in beneficial ownership or when establishing new corporate entities in Hong Kong. It collects comprehensive information about individuals who own or control 25% or more of a company's shares, voting rights, or exercise significant control through other means. The form supports Hong Kong's commitment to corporate transparency and its obligations under international anti-money laundering standards. It must be maintained as part of the company's statutory records and be available for inspection by law enforcement agencies upon request.

What sections should be included in a Beneficial Owner Declaration Form?

1. Form Title and Introduction: Clear identification of the document as a Beneficial Owner Declaration Form, including the governing law (Hong Kong) and purpose of the form

2. Company Information: Details of the company for which the beneficial ownership is being declared, including registered name, number, and address

3. Declarant Information: Details of the person making the declaration, including full name, position/capacity, contact information

4. Beneficial Owner Details: Comprehensive information about the beneficial owner(s) including full name, identification documents, nationality, residential address, and date of becoming a beneficial owner

5. Nature of Ownership or Control: Specification of how the beneficial owner exercises control (e.g., shareholding percentage, voting rights, right to appoint/remove directors)

6. Declaration and Certification: Formal declaration of truth and accuracy of the information provided, with reference to relevant Hong Kong laws

7. Data Privacy Statement: Statement regarding the collection and use of personal data in compliance with the Personal Data (Privacy) Ordinance

What sections are optional to include in a Beneficial Owner Declaration Form?

1. Corporate Beneficial Owner Information: Additional section when the beneficial owner is a corporate entity rather than an individual

2. Chain of Ownership: Section to detail intermediate entities in complex ownership structures

3. Trust Structure Details: Section for cases where beneficial ownership is held through a trust structure

4. Register of Changes: Section for recording historical changes in beneficial ownership

5. Authorized Representative: Section for cases where the declaration is made by an authorized representative rather than the beneficial owner

What schedules should be included in a Beneficial Owner Declaration Form?

1. Identification Documents: Copies of required identification documents for beneficial owners (e.g., passport, ID card)

2. Corporate Structure Chart: Visual representation of the ownership structure where multiple entities or complex relationships exist

3. Supporting Evidence: Additional documentation supporting the beneficial ownership claim (e.g., share certificates, trust deeds)

4. Regulatory Compliance Checklist: Checklist confirming compliance with relevant sections of the Companies Ordinance and AML regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Professional Services

Manufacturing

Trading

Technology

Retail

Healthcare

Education

Construction

Logistics

Hospitality

Mining

Energy

Telecommunications

Relevant Teams

Legal

Compliance

Corporate Secretarial

Risk Management

Corporate Governance

Regulatory Reporting

Due Diligence

Administrative Support

Corporate Services

Registry Services

Relevant Roles

Company Secretary

Compliance Officer

Legal Counsel

Corporate Governance Officer

Director

Chief Executive Officer

Chief Financial Officer

Risk Manager

AML Compliance Manager

Corporate Services Manager

Company Administrator

Legal Administrator

Regulatory Reporting Officer

Due Diligence Officer

Corporate Registry Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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