Whenever analyzing a part of the financial industry of Hong Kong as an international financial centre, often (and knowingly) use the technical term - financial intermediation. This technical term refers to the process of routing savings into investments, a process that is extremely important for fuelling economic growth and development. Financial consultants utilize the term extensively in the hope that its repeated mentioning will act as a frequent reminder to all concerned. This includes the regulators and the regulated, the providers and the users of financial services - of this basic purpose of the financial industry. More pin-pointing to the providers of financial services, or financial intermediaries in Hong Kong, it is a reminder of the main function of their existence.
Very often financial markets deliver financial intermediaries in Hong Kong with opportunities for profit that comprise business strategies that may not be satisfactory, having relation to the basic purpose of the financial industry. It is not probable to be precise or comprehensive about the features, and to try the categorization, of such business strategies, so that financial intermediaries might abstain from intentionally getting active. Even though this would definitely provide useful support for the industry. Regulators prefer to hand over this to the financial intermediaries, who are more involved with the markets and who perceive better the aspirations and impacts of specific market plays.
Financial consultants believe that they have the ability to realize that it is in their long-term interest not to be indulged in business strategies that have the impact of weakening the general stability and efficient performance of the channels of financial intermediation for which they have been certified as service providers. Indeed, when certifying them, the regulatory authorities have adopted the view that they were fit and proper, this comprises, significantly, being able to operate in accordance with this valuable fiduciary duty as a licensee.
But every now and then it is well within the rights for regulators to provide such reminders. One by-product of the progress of information technology and globalization of financial markets is that chances to profit at the expense of the general stability and efficient working of financial intermediation channels have rose. For example, the capability to carry out financial deals through cyberspace and book them offshore has lead to a serious lack of market transparency, which is conducive to market manipulation, which erodes the integrity of the market. The development of large and complex international financial institutions has also delivered considerable challenges to the management of such institutions, so that the value of observing the fiduciary duty of financial intermediaries in Hong Kong may not have been provided with the focus it deserves at the working level.
Consider the fiduciary duty of certified banks in Hong Kong as a further testament. Financial consultants consider it the fiduciary duty of certified banks to carry out their business in a manner that does not weaken the general stability and efficient working of the banking system. Consultants do not anticipate, just as an example, that under the Linked Exchange Rate system banks should arrange for speculative attacks on the Link, which has the effect of eroding banking stability. The banking system has been, and will remain so, an unavoidable channel of financial intermediation for financial intermediaries in Hong Kong that is extremely important to economic growth and development. The long-term well-being of the community relies on the banking system in acting this role effectively.
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Professional company secretaries make sure that the companys official filings with the relative Registry of Chamber of Commerce are performed timely and appropriately and that the company has a good footing in the country of establishment. Your company secretary will prepare other documents considering alterations to the company structure as and when they happen. Such matters will comprise allotment of shares, transfer of shares and appointments and resignations of officers.
A nominee shareholder is one who steps in as the public owner of shares in a company without possessing any actual ownership of a company. A nominee shareholder acts according to the instructions from the real owner (the beneficiary) of a company. The relationship between the nominee shareholder and the beneficiary is controlled by the nominees professional license as well as by a contract describing the rights and duties of the nominee. The services of nominee shareholders are utilized in offshore and onshore companies to attain confidentiality of the beneficiaries.
After the incorporation of a company (no matter whether it is a new or ready-made, shelf company or a tailor made company), you can either play the role of a shareholder yourself, or you can access the services of a nominee shareholder with an intention to ensure your corporate privacy. To attain privacy some clients do not like to be noticed as shareholders of the companies that they have established and will as a result look to appoint nominee shareholders. These nominee shareholders will keep the shares on trust for the beneficial owners and only they will be open to the onlookers on the register of shareholders.
Each appointed nominee shareholder will sign a declaration of trust to the beneficial owner that they are keeping the shares on behalf of the beneficial owner and will reverse the possession of the shares into the name of the beneficial owner or will hand over them to another party as solicited. Once the service of a nominee shareholder is accessed, your shares must be kept on trust in the form of a Nominee shareholders Agreement. The nominee shareholders agreement would perform the purpose of making sure that your identity as Beneficial Owner(s) is not shown on public record at the Companys Registry.
A nominee director is a person who regulates the company on the legitimate instructions of the beneficiary of a company. Legally, the director of a company has all the rights and is fully accountable for the conduct of a company as expected by the law and constitutive documents of a company. The relationship between the director and the beneficiary and the rights and obligations thereof must conform to legal and ethical professional standards observed in any given country as well as by a contract agreed upon by both the management company and the beneficiary. The nominee director cannot and will not associate with any business contract or financial or moral commitment.
The fundamental duty of the nominee director is to protect working executives of limited and other companies from the public disclosure requirements that prevail in the UK and other jurisdictions. It is a completely legal device which maintains the privacy of an individual. It is designed to assist a person who would rather not make public their interest or association with a given corporate body. Anyone doing a company search on a company with a nominee director would fail to find in whose name the nominee director was registered. Provision of company secretaries, nominee shareholders and directors are almost unavoidable for the success of any company.
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