Registry for Trust and Company Service Providers
Unit 1208, 12/F, One Kowloon, 1 Wang Yuen Street, Kowloon Bay, Kowloon, Hong Kong

Terms and Conditions

Search Services under the Licensing Regime Trust or Company Service Providers (“TCSPs”)

Application
1. The unregistered online user (”the User”) requests the Registrar of Companies (“the Registrar”) and the Registrar, upon receiving the User's acceptance of the terms and conditions hereinafter set out, agrees to provide online search services ("the Search Services") through the website of the Companies Registry’s Trust or Company Service Providers Licensing Regime (”the Website”) whereby the User is able to use the Search Services which the Registrar provides through the Website.

Search Services
2.
  1. The Search Services will, subject to any restriction imposed by law or a court order, enable the User to:
    1. access online the register of TCSP licensees (“the Register”) kept by the Registrar;
    2. obtain certified copies of entries in or extracts from the Register or certificates issued by the Registrar under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615) (“the AMLO”); and
    3. settle the fees required to be paid as specified in Schedule 3A to the AMLO for the services provided through the Website.
  2. Except for maintenance work, the Search Services shall normally be provided on a twenty four hour seven day week basis through the Website.

Users’ Obligations
3. Without prejudice to the generality of the other terms and conditions herein, the Search Services shall not be made available to the User unless the User has acquired and made available the necessary computer hardware, software and communications link. The User shall be solely responsible for these arrangements and shall enter into such contracts and bear all expenses as may be required by any provider of the computer hardware, software, network and communications link and the Registrar shall not be responsible for any obligations, expenses or liabilities incurred or suffered by the User in connection therewith.
4. The Registrar shall be under no obligation whatsoever to investigate or verify the authority of persons using the Search Services. The User agrees to indemnify the Registrar and the Companies Registry ("the Registry") against any loss, damage or liability that may be suffered by the Registrar or the Registry as a result of or in connection with the use of the Search Services by the User.
5. The User acknowledges the Registry's proprietary interest and copyright in the data and documentation provided in connection with requests for the Search Services and undertakes not to sell the data in any form or make copies of the documentation from which products may be derived for resale without the prior written consent of the Registrar.
6. The User shall comply with all legislation and laws relating to data protection and copyright in connection with data and documentation provided by the Search Services.

Payment
7. Upon making a request for the Search Services, the User may pay all fees to the Registrar for services requested and rendered thereunder through the electronic payment gateway services.
8. Once the relevant fees for the Search Services payable as specified in Schedule 3A to the AMLO have been settled through the Website, no refund of the payment will be made.

Variation or Discontinuance of Services
9. The Registrar reserves the right to vary, suspend or discontinue any aspect of the Search Services to the User at her sole discretion and without prior notice. The Registrar shall not be liable to the User or any third party for any variation, suspension or discontinuance of the Search Services.
10. The Registrar reserves the right to add to, delete and/or vary the terms and conditions for using the Search Services. All changes to these terms and conditions will be reflected in the modified terms and conditions posted on this page, and the User's use or continued use of the Search Services after such modified terms and conditions have been posted will constitute the User's agreement to the modified terms and conditions and all of the changes.

Limitation of Liability
11. The information provided through the Search Services is taken from documents submitted to the Registry. The Registry shall not be liable for the provision of any incorrect or incomplete information due to any cause whatsoever and shall not be liable for any losses, fees, costs, expenses, damages and liabilities suffered or incurred as a result thereof.
12. The Registrar does not guarantee the reliability of the online network through which information, messages or instructions are transmitted to and from the Website. Neither the Registrar, the Registry, the Government of the Hong Kong Special Administrative Region, nor their officers or employees shall be responsible for any delays or failure in transmission, receipt or execution of information, messages or instructions due to a breakdown or failure of communication facilities or to any other cause whatsoever and they shall not be liable for any losses, fees, costs, expenses, damages and liabilities suffered or incurred as a result thereof.

Governing Law
13. The terms and conditions herein shall be governed by the laws of the Hong Kong Special Administrative Region.

Personal Information Collection Statement ("PICS")

Purpose of Collection
1. Personal data provided to the Registrar of Companies ("the Registrar") pursuant to the requirements of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615) ("the AMLO") will be used by the Registrar for one or more of the following purposes:
  1. to process applications for licences for Trust or Company Service Providers ("TCSPs") or their renewals under the AMLO;
  2. to process applications for approvals to become an ultimate owner / a partner / a director of a TCSP licensee or notifications of changes in particulars under the AMLO;
  3. to administer the AMLO;
  4. to enforce relevant provisions of the AMLO (including relevant conditions of TCSP licences);
  5. to maintain a register of TCSP licensees ("the Register") containing the name of every licensee and its business address for public inspection;
  6. to provide a certified copy of an entry in/an extract from the Register or a certificate issued by the Registrar under the AMLO to any person subject to payment of a fee; and
  7. to disclose to the public the material facts of cases in which the Registrar exercised disciplinary powers under the AMLO.
2. Provision of the required personal data to the Registrar is obligatory for compliance with the AMLO. The Companies Registry will not be able to process the relevant applications/notifications if the required personal data are not provided.

Classes of Transferees
3.
  1. Certain personal data collected will be disclosed in the Register for public inspection subject to any restriction in law.
  2. The personal data you provide may be disclosed to government bureaux/departments, regulatory authorities/bodies or any other persons under sections 53ZJ and 53ZK of the AMLO; or where such disclosure is authorized or required by law.

Notice
4. The provisions of the Personal Data (Privacy) Ordinance (Chapter 486) ("the PDPO") apply to the use of personal data obtained from the Register. Any person who uses personal data for any purpose other than the purposes stated in the PICS or in contravention of the requirements under the PDPO is liable to pay compensation and may be subject to enforcement action under the PDPO.
5. Individuals have a right to request access to and correction of his/her personal data held in the Register maintained by the Registrar pursuant to sections 18 and 22 of the PDPO. Any such request for access to and correction of such personal data may be made to the Registry for Trust and Company Service Providers at:
Unit 1208, 12th Floor, One Kowloon
1 Wang Yuen Street, Kowloon Bay
Kowloon, Hong Kong