No Working Visa req'd for company director?

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  1. #1

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    Question No Working Visa req'd for company director?

    I understand that there is no working visa required for a director, even a foreigner, of a Hong Kong registered company. Is this correct? A friend intends to open a branch of a Canadian company by registering a company here under his directorship. ...can he then work here? Even is if so, how can he stay here over 90 days without a working visa?

    Confused on this stuff....any ideas?


  2. #2

    Join Date
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    As a general rule, any person other than those having the right of abode or right to land in Hong Kong, must obtain a visa before coming to Hong Kong for the purpose of education, taking up employment, training, investment or residence.
    http://www.immd.gov.hk/ehtml/hkvisas_4_2.htm

    I know people who "transit" through here and essentially used Hong Kong as an offshore location, but that is another sort of setup.

    And then there are some loopholes in the "general rule" ... best to ask a lawyer. The last thing this individual needs to do is mess his life up based on a forum post.

  3. #3

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    JJexpat,

    since the director is still just an employee of the company (a separate legal entity) a visa is needed. In the case you mentioned, I'd be tempted to speak to investHK first they should help iron out any problems.

    Of course, if the company in question will invest 7 million HKD investment visa would be the way to go I reckon.


  4. #4

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    actually, in this case it will depend on where salary is drawn from. A director of a company or office here does NOT need a visa, and can work here legally, but salary has to be drawn from the home country. This is my position here. Although I still have my work visa, I went 6 months without it, and all they required was to have a lawyer draw up and notarize meeting notes documenting the appointment of a managing director. Legally, he/she is eligible to hold an office and work here as long as their salary is not drawn on the HK office branch.

    I hope this doesnt confuse anyone, its rather a sticky situation.


  5. #5

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    director without salary?

    Question - can you reg a business, be a shareholder and a director. If you do not draw any salary do you need a visa? Just draw the dividends (tax free)?

    Thanks


  6. #6

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    No working visa required for director of ltd co.

    Quote Originally Posted by obhk:
    Question - can you reg a business, be a shareholder and a director. If you do not draw any salary do you need a visa? Just draw the dividends (tax free)?

    Thanks
    1) You can register the business,
    2) You can be a single shareholder
    3) You can be a director.
    4) You can appoint a lawyer or an auditor as a manager and pay their fees. Let them handle the routine paper work.
    5) If you work for the company in Hong Kong then you will need work visa.
    6) If you visit Hong Kong for short periods,
    the company can pay for your travel and hotel expenses, many other perks.
    7) Tax will have to be paid on profits, and dividends declared are tax free.
    Hope it helps.

  7. #7

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    ok... so you set up a company/are appointed as managing director and are paid from your home country...then wouldn't you be liable for taxes in your home country?