How do I Set up a Charitable Foundation in Hong Kong?
There are two main ways to set up a charitable foundation in Hong Kong:
1. Company Limited by Guarantee (CLG): This is the most common structure for charitable organizations. It offers limited liability protection for its members and is seen as a more formal structure. Here's a general breakdown of the process:
Choose a Name: Conduct a name check to ensure it isn't already in use by another organization.
Articles of Association: This document outlines the foundation's mission, governance structure, and how it will operate.
Registration: Submit the necessary documents, including the Articles of Association and a Notice to the Business Registration Office, to the Companies Registry.
Tax Exemption: Apply for tax-exempt status from the Inland Revenue Department (IRD) after registration.
2. Society: This is a less formal option suitable for smaller charities or those with a specific community focus. Societies have simpler registration procedures but may not offer limited liability protection. Here's a simplified overview:
Application: Submit the required documents, including the society's constitution and proof of identity for founding members, to the Societies Office of the Hong Kong Police Force.
Additional Considerations:
Charitable Purpose: Your foundation's purpose must fall under one of the four categories recognized as charitable by law: relief of poverty, advancement of education, advancement of religion, or other purposes beneficial to society.
Here are some resources that provide more detailed information on setting up a charitable foundation in Hong Kong:
How Bestar can Help
Bestar is able to assist with the tasks involved in setting up your charitable foundation in Hong Kong. Here's a breakdown:
Company Registration (CLG structure): If you choose to establish a Company Limited by Guarantee (CLG) structure, Bestar might help with filing the necessary documents with the Companies Registry.
Maintaining Statutory Records: We could help maintain some of the statutory records required by the Hong Kong Companies Ordinance, once your foundation is registered.
Understanding and Drafting Legal Documents: The Articles of Association, a crucial document outlining your foundation's purpose and structure, is a legal document that Bestar would help with.
Tax-Exempt Status Application: Applying for tax-exempt status with the Inland Revenue Department (IRD) is inside our scope of expertise.
Society Registration: For a society structure, Bestar would handle the application process with the Societies Office.
Consult Bestar. We specialize in non-profit registration of setting up your foundation. We can guide you through the legalities, draft the necessary documents, and ensure compliance with regulations. Bestar is able to handle some of the administrative burden after the initial registration.
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