The chop (stamp) is used to validate official documents such as contracts, certificates, deeds, and so on. Company chops are more important in Mainland China. In simpler terms, a Hong Kong company chop is like a business signature. The term ‘chop’ is a term coming from colonial Indian English and it is common to a small portion of jurisdictions, Hong Kong included. Many countries have a law about companies stating the registration number has to be legible on all kinds of documents. StartupsInvestorsE-commerceMarketplace Dormant Companies, IncorporationCompany secretaryRegistered addressAccountingPricingFree consultation, BangladeshIndiaIndonesia MalaysiaPhilippines ThailandUnited StatesVietnam, About usPlatformSecurityPartnershipsContactAffiliates, © 2019 Sleek Hong Kong Limited | Tower No. As mentioned above, the signature of an individual with authority (CEO, CFO, etc.) The defendant argued that the receptionist was only a clerk, who purchased toner under instructions from senior staff, and in ordering and accepting the toner from the plaintiff, had acted outside of the defendant’s internal procedures that govern buying office supplies. You can either use a Hong Kong company chop or your own signature and it works the same way.
There are some regions around the world where a signature is all that is needed for such documents to be legal.
This is due to the fact that company chops in Mainland China are registered with the government. Share on linkedin . The toner supply company sued for the price of the first batch of cartridges for the rather small sum of HK$12,898 in the Small Claims Tribunal, and won. On the other hand, company chops have more significance in Mainland China.
However, a stamp is often not required and in most cases, a signature can replace a company chop.
Dispute Resolution - Commercial Litigation, Dispute Resolution - International Arbitration. Here, the company was free to enter into the contracts and they did not require a signature (or to be in writing) to be valid and enforceable. Just remember not to leave the chop in everyone’s hands, especially those who are not acquainted with all your business operations.
If you need more information about company stamps or you need a chop created, feel free to contact Sleek today. This means that a chop may not always be a necessity.
under its memorandum or articles of association, the company had capacity to enter into the same type of contract, or to delegate authority to enter into a contract of that kind to the agent. Share on google. Each business has to render legal documents and contracts, this practice being common for most legal systems in the world. Do You Need a Company Chop/Stamp in Hong Kong? The evidence accepted by the Small Claims Tribunal was that the receptionist had completed order forms, and applied the defendant’s chop in between the words “accepted and order confirmed by”, and the words “authorized chop”. A company chop is the stamp of a company (usually rubber) and is something which is unique to Hong Kong and a select few other jurisdictions.
However, in the present case, the court noted that for matters involving representation, the toner supply company could not rely on it if such reliance was irrational. The defendant appealed to the High Court. Our recommendation To be safe and secure when doing business both with Mainland China and other countries, it would be best to create your company stamp. In the present case, had the defendant not been able to show the court that the receptionist was not allowed to enter into this contract, the result may well have been very different.
Companies must be mindful about how they allow their chops to be used, and the directions given to staff. Hence, all companies based in Hong Kong that do business with China should have a company chop. 1, 17/F, Unit 1, Glenealy, Central, Hong Kong | +852 3594 4334 | TCSP licence: TC006483 | Privacy Policy & Terms and Conditions. If … Companies apply stamps to validate documents that need to be executed as a deed, issue corporate documents such as share certificates, and communicate information required by law.
Companies entering into contracts to provide goods or services should ensure that staff are alert to factors that seem out of place or for significant orders made by inappropriate or junior staff, and that they do not rely on representations that simply ‘can’t be right’. In Hong Kong, you can either use a company chop or your signature. is often more recognizable and carries more weight than a stamp. The goods were delivered a short time later, and the clerk applied the defendant’s rubber chop on the sales confirmations, invoices, and delivery note. © Conventus Law 2020 All Rights Reserved. The court noted the requirements that :-. In fact, the court here found that the defendant’s permission for the receptionist to use the defendant’s rubber chop was a representation to the toner supply company that she could act for the defendant in situations where the use of the defendant’s rubber chop would do.
8 minute read. There's no requirement to use company chops in Hong Kong, and anything you do with a chop, you can do with a signature. Instead, paperless filing is encouraged across the globe, especially in Hong Kong, which is a leading commercial center. Back in the day of typewriters and handwriting, Green Box was used for keeping company records together with the stationery. The key here was the dollar value of the contracts – in total, the contracts were for the supply of toner over an extended time frame with a total value of HK$230,952. The result was particularly bad as the toner supply company was ordered to pay the appeal costs of the defendant. a representation that the agent had authority to enter on behalf of the company into a contract of the kind sought to be enforced, was made to the contractor; this representation was made by a person who had ‘actual’ authority to manage the business of the company either generally or for those matters relating to the contract; the contractor had relied on the representation to enter into the contract; and.
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