For a registered non-Hong Kong company, an annual registration fee of HK $180 is payable if the annual return is delivered within 42 days after the most recent anniversary of the date of its registration in Hong Kong. Substantially higher registration fees (ranging from HK$1,200 to HK$4,800) are payable if the annual return is delivered beyond the prescribed 42-day time period.
Section 788(3) of the Companies Ordinance (CO) provides that, if a registered non-Hong Kong company fails to deliver the annual return in compliance with section 788(1) of the CO, the company, every responsible person and every agent of the company who authorizes or permits the default, commit an offence and each is liable to prosecution and, if convicted, default fines. The maximum penalty is HK$50,000 for each breach and, in the case of a continuing offence, a daily default fine of HK$1,000. (Please also see Q7.)
(Please refer to the Major Services > Major Fees under the Companies Ordinance section of this website for details of the higher registration fees.)
Pursuant to the Companies (Fees) (Amendment) Regulation 2020 which came into operation on 1 October 2020, the registration fees for annual returns delivered to the Companies Registry on time and within the concession period from 1 October 2020 to 30 September 2022 (both dates inclusive) has been waived for two years. In cases of late delivery of annual returns, waiver of fees is not applicable and companies are still required to pay the statutory higher registration fees calculated based on the date of delivery, even though the late annual returns are delivered within the concession period.