Every company must provide legal documents and contracts, as this practice is common in most legal systems around the world. These documents must be authorized by an official stamp or the signature of an administrator or other person with legal authority. However, a corporation may also sign a document as described in section 127(3). For more information, see the response to Q5 below. Rectangular bars (sometimes called signature chops) bear the words For and in the name of, Signature Allowed, and a dotted line for the signature. Nowadays, however, documents signed by directors may be subject to legal interpretation as the act or deed performed by the person on behalf of the corporation. This is an ultimate guide to corporate chops and harbour seals in Hong Kong. If an article is Regulation 114, which provides for the method of affixing the common seal, the company may refer to Article 127(3) and (5) of the new Basic Law to produce a document without a common seal, even without amending the article, since Article 127(3) offers an undertaking with a common seal another method of carrying out the documents. Yes. The new CO simplifies business start-up procedures in Hong Kong, for example by removing the requirement for companies to have a Memorandum of Association as a constitutional document and by requiring the adoption of model articles by different types of companies established under the new CO (see FAQs on the abolition of the Memorandum of Association and issues related to company articles of association). The way documents are executed by a company has also been simplified by making the use and use of a common seal optional (section 124(1)).
Because of this, corporate chops are no longer as important as they used to be. In addition, they are not necessary in most situations. In other words, a document without a stamp can be just as valid as a document with a stamp on it. No, it`s more of an optional choice. A company chop is more of a tradition than something mandatory. In Hong Kong, you can use either a company chop or your signature. However, a stamp is often not necessary and in most cases, a signature can replace a corporate chop. It is inevitable that a company will use corporate chops for operations, e.B. affixing a signature chop for a lease, utility application forms, various types of licences or correspondence with the government; Attach a round chop for accepting emails or invoices. Since companies can take different forms of items related to the use of a common seal or the application of documents, a company should seek independent legal or professional advice in case of doubt. It is quite common for existing companies to adopt Regulation 114 of Table A of the First Annex to the former Companies Regulation (Chapter 32) as regards the use of the common label.
Rule 114 provides: “The directors shall ensure the custody of the seal, which may be used only by the authority of the directors or by a committee of directors authorized by the directors on that behalf, and any document on which the seal is affixed must be signed by a director and by the secretary or by a second director or by another person, appointed by the Director. the directors for this purpose. ». There is no specific provision in the new CO or Companies Opinion (Model Articles) (Cap. 622H) on a procedural requirement for a company to accept or revoke its common seal. The procedures for the acceptance or cancellation of a common seal shall be borne by the Company, taking into account the provisions applicable in its articles of association and the usual practice and procedures for the acceptance or cancellation of a common seal. A company chop is the stamp of the company. There are two types: a rectangular and a round. Both are in blue ink and contain the full name of the company in English or Chinese. It is used to stamp important company documents to declare that the documents have been certified by the company`s board of directors or decision-makers. But exceptions are something that makes the corporate world a spectacle. However, the courts have accepted that the usual authority of the company`s CEO is somehow broader than the authority of the individual director.
Right-wing commentators say this; The usual function of the Director General includes; In the past, a corporate stamp played a vital role, as it could validate documents and support their authenticity. The stamp you found on a paper document meant that a company was bound by the contract or action. In addition, in accordance with Article 128 of the new Regulation, a company may issue a document as a document by: it is not necessary that the implied effective power of attorney be conferred by only one type of appointment, but this power may also be derived from the particular conduct of the company, or if to be precise, then this power can also be derived from the particular conduct or act of those who: who have the power to delegate these powers to anyone. This can be better understood by referring to the case of Brayhead Ltd, which represents the situation in which Lord. . . .