Business Articles of Organization are essential documents required when establishing a company in Hong Kong under the Companies Ordinance (Cap. 622). This document serves as the company's constitution and must be filed with the Companies Registry during the incorporation process. It contains crucial information about the company's structure, including share capital, management framework, and operational procedures. The Articles define the rights and responsibilities of shareholders and directors, outline decision-making processes, and establish governance mechanisms. In Hong Kong's business environment, this document is particularly important as it must comply with local regulatory requirements while providing flexibility for business operations. The document becomes legally binding upon registration and forms the basis for all future corporate actions and decisions.
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1. Company Name and Type: Specifies the company's full registered name and type of company (e.g., private company limited by shares)
2. Registered Office: States the company's registered office address in Hong Kong
3. Company Objectives: Defines the business purposes and activities the company is authorized to conduct
4. Share Capital: Details of the company's share capital structure, including types of shares and their nominal value
5. Members' Liability: Statement of members' limited liability and extent of their contribution
6. Directors and Management: Provisions regarding appointment, removal, and powers of directors
7. Meetings: Rules for conducting general meetings and board meetings
8. Decision Making: Procedures for passing resolutions and making company decisions
9. Share Transfers: Rules and procedures for transferring shares between members
10. Company Secretary: Requirements and responsibilities of the company secretary
1. Pre-emptive Rights: Additional provisions for existing shareholders' rights to purchase new shares before they're offered to others
2. Dividend Policy: Specific rules for dividend declarations and distributions
3. Dispute Resolution: Procedures for resolving internal disputes between members or directors
4. Tag-Along Rights: Provisions protecting minority shareholders in case of sale by majority shareholders
5. Drag-Along Rights: Rights of majority shareholders to force minority shareholders to join in the sale of the company
6. Reserved Matters: List of decisions requiring special approval or enhanced majority
1. Initial Shareholders: List of founding members and their initial shareholdings
2. Share Capital Structure: Detailed breakdown of share classes and rights attached to each class
3. First Directors: Details of initial directors and their particulars
4. Restricted Activities: List of activities requiring special approval or prohibited activities
5. Professional Advisors: Details of company's initial legal counsel, auditors, and company secretary
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