Companies (Amendment) (No. 2) Ordinance 2018: Additional requirement to notify location of board records

14 February 2019, Corporate and M&A, Legal Alert by Deacons Corporate Services

As per the commencement date of the Companies (Amendment) (No.2) Ordinance 2018 (i.e., 1 February 2019), a company is required to file with the Registrar of Companies a new form (New Form NR2) of notice of location of the company’s registers and records (Company Records) if the Company Records are not kept at its registered office.

Under the existing Form NR2, Company Records do not include copies of resolutions of directors, minutes of directors’ meetings and sole director’s written records of decisions (Board Records).  Board Records are now included in the New Form NR2. However, if a company has already filed a Form NR2 prior to 1 February 2019, it is not required to re-file such notice using the New Form NR2.

The New Form NR2 is only applicable to companies which need to report the location of their Company Records, on or after 1 February 2019.