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Options if CS goes AWOL?

  1. #1

    Join Date
    Jul 2018
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    13

    Options if CS goes AWOL?

    My CS company is getting sketchier and sketchier by the day. I am worrying at this point they may just disappear.

    They hold my green box (including chops/seals), are my SCR rep, (are supposed to) file my NAR1 (etc), and even are my registered office - basically everything legally required at a single point of failure.

    If they go out of business or don't render (paid for) services (on time/at all), am I screwed, or does the HK law provide allowances for this kind of (I presume rather common) situation?

    Is it just a matter of signing up with another CS company and trying to navigate any missed filings, or am I somehow held hostage/need approval of the (possibly defunct if not MIA) original CS company?

    Last edited by HKOK; 12-03-2019 at 01:12 PM.

  2. #2

    Join Date
    Nov 2007
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    Wanchai
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    Check if they are licensed under the TCSP regime. If not then they are breaking the law and probably will disappear or end up in court. If they do i wouldn't worry, the new secretary can handle the resignation and appointment with the CR.

    You can check here https://www.tcsp.cr.gov.hk/tcspls/se...c-search?k=ALL

    I work for a CSP although we arent cheap as we are predominantly a Trust Company but I would be happy to give you a quote for the services you need.

    shri and HKOK like this.

  3. #3

    Join Date
    Jan 2010
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    2,084

    Easy enough to just hire another CS and have them go and pickup the green box and change all the forms.

    JAherbert and HKOK like this.

  4. #4

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    not worth the risk, hire another firm, it's your responsibility to file Annual Return - if late you'll have to pay the extra government charges.

    shri likes this.

  5. #5

    Join Date
    Jul 2018
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    13
    Quote Originally Posted by Trebor
    Check if they are licensed under the TCSP regime. If not then they are breaking the law and probably will disappear or end up in court. If they do i wouldn't worry, the new secretary can handle the resignation and appointment with the CR.

    You can check here https://www.tcsp.cr.gov.hk/tcspls/se...c-search?k=ALL

    Thanks. They are listed there, but I am primarily discussing their conduct - not responding to emails, calls saying (from a live person, in English) "nobody is available give us your contact details and we'll return your call" and not doing so, etc.


    Quote Originally Posted by Trebor
    I work for a CSP although we arent cheap as we are predominantly a Trust Company but I would be happy to give you a quote for the services you need.
    You get what you pay for, I guess. I understood this to be a commodity so I just went with the cheapest people who spoke English and seemed professional, since at least for now I just need the bare minimum required by law (as I mentioned in the first post). They were OK at the start until all the extra charges started, and responses stopped.

    Quote Originally Posted by mrgoodkat
    Easy enough to just hire another CS and have them go and pickup the green box and change all the forms.
    Presumably all this could be arranged while outside of HK right? I'm traveling at the moment and it would be a mild PITA to go back to HK just to pick up a greenbox (and sign something?).

  6. #6

    Join Date
    Jan 2010
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    2,084
    Quote Originally Posted by HKOK
    Presumably all this could be arranged while outside of HK right? I'm traveling at the moment and it would be a mild PITA to go back to HK just to pick up a greenbox (and sign something?).
    Most CS services will be happy enough to email you all the forms and you Fedex them back signed.

  7. #7

    Join Date
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    At the end of the day, as a company owner and director you're more responsible for the well being of your company than your CS.

    Have a GeoExpat related problem - please create a support ticket.

  8. #8

    Join Date
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    Wanchai
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    Quote Originally Posted by shri
    At the end of the day, as a company owner and director you're more responsible for the well being of your company than your CS.
    This is so true, assuming he is the director and they arent providing this service too.

  9. #9

    Join Date
    Aug 2009
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    2,136
    Quote Originally Posted by JAherbert
    not worth the risk, hire another firm, it's your responsibility to file Annual Return - if late you'll have to pay the extra government charges.
    why don't you just do it yourself? it's too easy if things don't change at your company, all online and you save some bucks

  10. #10

    Join Date
    Jul 2018
    Posts
    13

    Thanks. I will look into alternatives and get setup for annual report myself in case.

    I'm mostly concerned if the existing CS could cause issues either due to obstinacy (if they show up but want to make a fuss/charge me more fees) or absence (disappear).

    Quote Originally Posted by Trebor
    This is so true, assuming he is the director and they arent providing this service too.
    It's me. And I agree. Ultimately it's all my fault, for abdicating responsibility and putting my trust where it did not belong.

    P.S. Is there some recourse either on the side of (a) deceptive business practices, or if (b) they simply don't fulfill the services? Those two can definitely be related but there are separate cases with this company. Or is it just a matter of "this is HK, deal with it" (and perhaps by some extension, to be expected?)?
    Last edited by HKOK; 12-03-2019 at 09:52 PM.

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