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

User Login

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

Application
1. The registered 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 services ("the Online 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 Online Services which the Registrar provides through the Website.

Online Services
2.
  1. The Online Services will, subject to any restriction imposed by law or a court order, enable the User to:
    1. apply for grant or renewal of licences for TCSPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615) (“the AMLO”);
    2. apply for approvals to become an ultimate owner / a partner / a director of a TCSP licensee under the AMLO;
    3. notify the Registrar of any changes in particulars previously provided in connection with an application for the grant or renewal of a licence under the AMLO;
    4. notify the Registrar of the intention to cease to carry on a trust or company service business and the intended date of cessation under the AMLO;
    5. deliver to the Registrar forms and documents in electronic form pursuant to the AMLO and in accordance with the requirements as may be specified by the Registrar;
    6. access online the register of TCSP licensees (“the Register”) kept by the Registrar ;
    7. obtain certified copies of entries in or extracts from the Register or certificates issued by the Registrar under the AMLO ; and
    8. 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 Online 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 Online 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 User shall apply to the Registrar for a user account for access to the Online Services through the Website. Access to the Online Services shall not take effect before the completion of registration of the user account including the process to activate the user account.
5. The User acknowledges that in the circumstances where the User cannot gain access to the Online Services through the Website for whatever reasons, the User is not relieved of any of the User's obligations under the AMLO including the delivery of documents or provision of information to the Registrar.
6. The User acknowledges that the User ID and password for access to and the use of the Online Services are confidential and must not be disclosed to any other person(s) under any circumstances. The User shall act in good faith, exercise reasonable care and diligence in maintaining the confidentiality of his/her User ID and password and at no time and under no circumstances shall the User authorize any other person to use his/her User ID and password to communicate with the Registrar on the User's behalf. Any access to the Online Services with his/her User ID and password shall be deemed the use of the Online Services by the User.
7. The User shall be liable for whatever transactions for which his/her User ID has been used, including the liability for the fees for such transactions. The Registrar shall be under no obligation whatsoever to investigate or verify the authority of persons using his/her User ID. 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 Online Services by the User.
8. The User acknowledges the Registry's proprietary interest and copyright in the data and documentation provided in connection with requests for the Online 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.
9. The User shall comply with all legislation and laws relating to data protection and copyright in connection with data and documentation provided by the Online Services.

Payment
10. Upon making a request for the Online Services, the User may pay all fees to the Registrar for services requested and rendered thereunder through the electronic payment gateway services.
11. Once the relevant fees for the Online 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 Termination of Services

12. The Registrar reserves the right to vary, suspend or discontinue any aspect of the Online 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 Online Services.
13. The Registrar may suspend or terminate the User's access to the Online Services without prior notice if there is any breach by the User of the terms and conditions herein. The Registrar has the right, for whatever reasons and without prior notice, to freeze the User's access to the Online Services through the Website or to close the User's account and the User acknowledges the Registrar's right.
14. The User may terminate or close the user account online, provided that any such termination or closure shall be without prejudice to any rights which may have accrued to the Registrar and/or the Registry by reason of any antecedent breach of any of the User's obligations under the terms and conditions herein.
15. The Registrar reserves the right to add to, delete and/or vary the terms and conditions for using the Online 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 Online 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.

Non-assignment
16. The User's rights and obligations under the terms and conditions herein shall be personal to the User who shall not assign or dispose of, or permit to assign or dispose of, any of the rights and obligations in whole or in part, under these terms and conditions, to any third party.

Limitation of Liability
17. The information provided through the Online 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.
18. 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.

Communication
19. Notices and messages to be given by the Registrar to the User shall be sent to the User's message box which is accessible through the login to the User's account or by email sent to the last email address provided to the Registrar by the User for the purposes of using the Online Services.
20. The User acknowledges that the use or continued use or continued keeping of his/her user account shall constitute the User's consent to receive notices and messages from the Registrar by electronic means.
21. The User shall notify the Registrar immediately upon any change of the address, contact telephone number, email address, fax number or other information provided to the Registrar for the purposes of obtaining the Online Services.

Governing Law
22. 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