| (Live Lecture & Webinar) (RME Elective) Execution of Company Documents Under the Companies Ordinance (Cap. 622) and Proof of Due Execution for Use in Hong Kong & Overseas |
| Date: |
28 October 2024 (Monday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
Cantonese 粵語 |
| Fee: |
HK$ 1,850 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong)
3 RME pts (Accredited by The Law Society of Hong Kong [RME Elective]) |
| Ref: |
L24CC11 |
| Venue: |
Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map] |
Presenter's Biography:
Mr Samuel Li is the Sole Proprietor of Samuel Li & Co., Solicitors & Notaries. He qualified as a solicitor in Hong Kong in 1983. He passed the Notarial Examination in 1995 and was admitted as a Hong Kong Notary Public.
Samuel now focuses on notarial practices. In the preceding 20+ years as a Hong Kong Notary Public, he has an excellent track record in providing notarial services to clients including overseas government, and world's leading brand companies. More than 70 countries and regions on world's 5 continents have accepted Samuel's notarised documents.
Samuel has given 40 seminars to professionals to demonstrate notarial practice, with total audience exceeding 3,485.
Samuel is the author of the soon released notarial book named "Notarial Services in Hong Kong: General Principles, Values and Practice".
Samuel has received 14 Pro Bono Legal Services Awards & Professional Volunteer Service Awards respectively from the Home Affairs Bureau of the HKSAR, The Law Society of Hong Kong and Hong Kong Council of Volunteering in recognition of his promoting legal knowledge and professional volunteering services to the public. In 2014, Samuel was nominated by the Hong Kong Law Society to participate in the Second Leadership Bauhinia Volunteer Award Selection organized by the Agency for Volunteer Service.
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Objective:
The objective of this course is to minimise the risk to engage in litigation due to non compliance of execution formalities of company documents.
Case law highlights the risks of protracted litigation if documents are not properly executed.
Mummery L.J. in the case of Williams v Redcard Ltd. [2011] 4 All ER 444 rightly pointed out:
"Expensive and long drawn-out litigation about the execution of a document by a company can be avoided by taking more care over compliance with the formalities at the time of execution…"
Legal practitioners should therefore know the law relating to the execution of company documents and deeds in detail when they deal with the execution of company documents of clients, in commercial transactions or conveyancing cases, so as to minimise such risk.
In this seminar, the speaker provides an insight into the legal and practical aspects of execution, and illustrates with many well selected court cases in which execution of company documents are challenged that the documents are invalid or as a result thereof, the titles of properties are defective.
This course also includes the proof of due execution of company documents for use in Hong Kong and overseas so that transactional documents or otherwise will be accepted and there will be more certainty of transactions in order to avoid litigation in future.
The speaker will share real life examples from his experience.
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Outline:
- Company's Contracts and Company Chops
- T S Office System Ltd v Wing Kee Produce Ltd [2015] 1 HKLRD 479
- Zhang Kan v SPH (Hong Kong) International Trading Co Ltd [2022] 3 HKLRD
- Company Seals and Constitution
- Model Articles for Public & Private Companies
- Tables C & A
- Deeming provision
- Common sealing provisions
- Execution of Company Documents
- Williams v Redcard Ltd [2011] 4 All ER 444
- Lovett and another v Carson Country Homes Ltd [2009] EWHC 1143 (Ch), [2009] 2 BCLC 196
- Good Lion Ltd v Chung Sai Wing [2009] 2 HKLRD 25
- On Hong Trading Co., Ltd v Bank of Communications, HCMP3099/1999
- Knight Frank v Paley Properties [2014] SASCFC103
- Peking Fur Store Limited v Bank of Communications [1993] HKC 625
- Grand Trade Development Ltd v Bonance Int'l Ltd [2001] 3 HKC 137 (CA)
- Re Armstrong Brands Ltd (in administration) [2015] EWHC 3303 (Ch); [2015] EWHC 3303 (Ch)
- Distinction between Deeds and Instruments under Hand
- Cap. 219 s.4
- Cap. 219 s.19
- Authentication of Due Execution of Company Documents
- Verification Process
- Certification Process
- Statute Law (Miscellaneous Provisions) Ordinance 2015 Part 5
- Hague Convention 1961
- Speaker's Own Experience Sharing
- Questions & Answers
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| Category: |
Corporate / Commercial |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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