On May 23, 2025, Hong Kong officially allowed the redomiciliation of foreign companies. Previously, only investment funds had this opportunity, but now any company can move to Hong Kong.
In recent years, Hong Kong has become a popular jurisdiction for Russian business. This is due to the neutral status of the jurisdiction, as well as certain tax advantages.
Key Pre-re-domiciliation requirements for companies
- Shareholders’ Approval and Other Consents: shareholder approval is required for re-domiciliation (at least 75% of eligible shareholders).
- Notice to Creditors: the company must notify all of its creditors of the proposed redomiciliation. Publication in newspapers or official gazettes is notsufficient.
- Solvency: a legal opinion from the country of incorporation is required, confirming that the company is not subject to liquidation or insolvency proceedings. The opinion must be issued no more than 35 days before the application date.
- Director’s certificate: a director’s certificate is required, confirming that the company will be able to meet its debts as they fall due within 12 months from the application date.
- Company Age: the company must have been incorporated for at least one full financial year prior to the application.
- Good Faith Requirement: the re-domiciliation must not be intended to defraud creditors and must be made in good faith.
Redocimilation can affect IP portfolio as well: it will be necessary to record changes of name and address in relation to trademarks and other IP assets. Depending on the country, recomicillation can be recorded either as a mere change or as a transfer of rights.
Despite a common misconception, a trademark protected in China does not extend to Hong Kong, which is a specific territory.
We help with redomiciliation and are ready to advise on the best options for moving to Hong Kong.