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Background 1. Currently, the Companies Register (the Register) maintained by the Hong Kong Companies Registry (the Registry) contains personal information available for public inspection. Such personal information includes, among other data, the usual residential addresses and full identification numbers (IDNs) of directors of companies, and full IDNs of company secretaries and some other individuals (such as liquidators and provisional liquidators) (Protected Information). Similar personal information is also contained in the registers kept by companies which are open for public inspection.
2. To enhance protection of sensitive personal information, while keeping up the transparency and usefulness of the Register, a New Inspection Regime of the Register under the Companies Ordinance (Cap. 622) is being implemented in three phases from August 2021 through end-2023.
3. On 16 August 2021, the Registry issued External Circular No. 1 / 2021, announcing the commencement of Phase 1 of the New Inspection Regime on 23 August 2021 which mainly concerns the disclosure of Protected Information on the registers kept by companies.
4. On 19 August 2022, the Registry issued External Circular No. 3 / 2022 announcing the commencement of Phase 2 of the New Inspection Regime on 24 October 2022 which will affect searches on company information on the Register maintained by the Registry.
Under Phase 2, the Protected Information on the Index of Directors on the Register will be replaced with correspondence addresses and partial IDNs for public inspection. Protected Information contained in documents filed for registration after commencement of Phase 2 will not be provided for public inspection. Only "Specified Persons" can, however, apply to the Registry for access to Protected Information of directors and other persons. On this, an External Circular No. 5/2022 has also been issued on 19 August 2022 which sets out the major changes in public search services upon the commencement of Phase 2 of the New Inspection Regime.
Disclosure Of Protected Information Under Phase 2 5. From 24 October 2022, only specified persons i.e. licensed entities such as TCSP licensees will still be able to obtain Protected Information for the performance of their functions through a Special Account (SA). Contact us If you have any questions in relation to the implementation of the New Inspection Regime particularly on searches of protected information or annual compliance of a Hong Kong company, please do not hesitate to contact us:
Whatsapp : (852) 6499 4686 Phone : (852) 2186 6936 Email : info@intershores.hk Disclaimer: Whilst reasonable care has been taken in provision of information above, it does not constitute legal or other professional advice. INTERSHORES does not accept any responsibility, legal or otherwise, for any error omission and accepts no responsibility for any financial or other loss or damage that may result from its use. In particular, readers are advised to take appropriate professional advice before committing themselves to any involvement in jurisdictions, vehicles or practice. |
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