Free legal assessment to identify the legal issues and operational risks of your organization

Brought to you by PILnet

Are you a civil society organization (social enterprise, charity, non-profit organization)? PILnet‘s Legal Health Check will help you identify the existing and potential legal issues and operational risks in your organization and create a plan to address them. The health check enables you to be better prepared to respond to a rapidly changing environment, so you can become more resilient and focus your resources on achieving your core missions of serving the community.

Topics covered in the legal health assessment include areas such as organizational structure, financial health, fundraising, and information technology and systems.

The health check can be requested and offered in English and Chinese. Read more about the health check process and submit the intake form below.

Legal Health Check

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Disclaimer

The Pro Bono Team conducting this assessment will not legally represent the CSO and will not provide legal advice. However, the Team will flag areas of concern, which can be then discussed with PILnet, who can identify available resources and help course specific legal advice.

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The post Legal Health Check for Civil Society Organizations in HK appeared first on Foundation for Shared Impact.

Free legal assistance from volunteer lawyers

Brought to you by PILnet

Are you a civil society organization (social enterprise, charity, non-profit organization) looking for legal assistance?

PILnet collaborates with civil society organizations around the world to obtain free legal assistance from volunteer lawyers who have the relevant skills and expertise to bolster their operational health and resilience and to advance their missions. PILnet works with organizations to pinpoint their needs and connect them with a qualified pro bono lawyer, at no cost. PILnet supports organizations all around the world through our large legal network of pro bono lawyers.

Legal assistance is offered in English and Chinese. Submit the intake form below in your preferred language.

English

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Chinese

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Disclaimer

The Pro Bono Team conducting this assessment will not legally represent the CSO and will not provide legal advice. However, the Team will flag areas of concern, which can be then discussed with PILnet, who can identify available resources and help course specific legal advice.

Please share any feedback you may have!

What did you find helpful, or how can we improve? What other kinds of resources do you think we should be providing?

Email (Optional)

Please let us know your email if you'd like us to follow up with you or contact you separately!

Submit

The post Legal Assistance for Civil Society Organizations in HK appeared first on Foundation for Shared Impact.

Mark Uhrynuk and Charlene Wong welcome you to module 6, all about how a successful start-up is built!

The learning objectives within the module include:

• To understand the key themes and drivers of successful start-ups
• To understand the structure of and the different forms of a business plan
• To understand the basics of funding and monetising your start-up business
• To review strategies for growing your business from start-up to sustained success

Common themes and drivers of successful start-ups

• Here, Mark Uhrynuk and Charlene Wong outline key themes and drivers of successful start-ups. Although, there is no “one size fits all”, investing time into your business canvas will help build a successful start-up.

Developing and Executing Business Plan

• A business plan is a document that describes your plan for starting and operating your new business. Here, Mark Uhrynuk and Charlene Wong will go into depth on the structure of a business plan and the different forms a business plan can be written out in order to optimise business success.

Funding your Start-Up Business

• Funding your start-up business is one of the most important parts of building a successful start-up that will allow you to build capital and maintain a successful start-up. Here, Mark Uhrynuk and Charlene Wong will discuss the basics of funding your start-up business, from the types of financing that you might consider to the types of investors that might provide that financing.

Strategies for Growing your Business

• Here, Mark Uhrynuk and Charlene Wong will briefly review strategies for growing your business from start-up to sustained success. To complete the start-up lifecycle, we will review the options to consider when looking to monetize your start-up endeavours.

Relevant Toolkits

For more detailed guidance on building a successful start-up:

• Legal, Tax, Compliance Toolkit
• Fundraising Toolkit

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post Growing and Sustaining a Successful Business appeared first on Foundation for Shared Impact.

You are now in the third module of Business Law Toolkit Series – a collaboration between EmpowerU, Mayer Brown, and Foundation for Shared Impact. In this module, Instructors Joe Choy and Sharon Cheng welcome you to this part of the module employment matters.

Your instructor, Joe Choy, will guide you through the ins and outs of Employment Law in Hong Kong, which will help support your business when hiring employees.

The learning objectives within the module include:

• To develop a clear understanding of the structure and content of an employment contract
• To recognise the duties and obligations of an employer, and rights of an employee
• To differentiate between an independent contractor vs. employee

General Overview of Employment in Hong Kong

• Throughout this video, the instructors will go through the Employment Ordinance, and how it helps set out a general overview of employment law in Hong Kong. They will introduce you to matters such as Right to Work, Employment Visa and independent contractor vs employee, which are crucial for employers to have a great knowledge of when assessing the rights of employees.

Money Matters in Employment

• This part of the module is all about money matters. Employees and employers have rights and obligations in ensuring employment laws are abided by, especially when money matters, such as pension, benefits and termination of employment contracts, are involved.

Relevant Toolkits

To access more information about employment matters, follow these links:

• Guide to Privacy and PDPO
• Guide to the Employment Law
• Hiring Your First Employee in Hong Kong
• Employment Contract Template

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post The Basics of Hong Kong Employment Law appeared first on Foundation for Shared Impact.

You are now in the second module of Business Law Toolkit Series – a collaboration between EmpowerU, Mayer Brown, and Foundation for Shared Impact. In this module, Instructors Charlene Wong and Alex Burdulia will discuss the different types of business structures, as well as the legal requirements entrepreneurs can consider.

The learning objectives within this module include:

• To gain an understanding of different business structures along with their pros and cons
• To learn the requirements for: opening a bank account, business formation filing, licensing, taxes, and insolvency
• To gain an overall understanding of corporate governance and relevant constitutional documents

Business Structures

• There are three main business structures used in Hong Kong which will be discussed in this module. There are various basic requirements each business must abide by and will be explained in this module.

Corporate Governance

• Learn more about corporate governance and how it can make your business more efficient, less risky, and more profitable! Constitutional documents for the business entities described in Part A of this module will be discussed. Charlene and Alex expand on governance matters for private limited companies with a case study.

Relevant Toolkits

To access more information about any of the following, follow these links:

• Types of business entities
• The Hong Kong tax system
• Annual Audit and Profits tax
• Annual filing requirements

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post Choosing a Suitable Structure For Your Business appeared first on Foundation for Shared Impact.

Instructors Jinny and Habiba welcome you to module 5, all about business relationships and contracts.

The learning objectives within the module include:

• To understand how you build business relationships.
• To learn about how a contract is established and enacted.
• To know how to differentiate the various types of contracts.

Introduction to Business Relationships

• Building relationships is a crucial aspect of establishing a business that people can trust. Here, Habiba and Jinny introduce you to three key aspects, including trust, networking and conflict resolution, which allow you to build strong relationships with not only customers but your competitors.

Contract Law

Contract law is a key aspect of building a business, and in this part of module 5, Jinny and Habiba will break down contract law for you into three parts: establishing a contract, the key terms of a contract and damages.

Firstly, Jinny and Habiba will guide you through the key elements of establishing a contract, i.e., offer, acceptance, consideration and intention.

Secondly, Jinny and Habiba will guide you through three key terms of contracts, i.e., exemption clauses, indemnity clauses and termination clauses.

Finally, Jinny and Habiba will guide you through the three-prong test to assessing payable damages, i.e., causation, remoteness and mitigation.

Types of Contracts

• Contract Law is a very broad area of law, meaning contracts will come in a lot of different forms. Although there are many types of contracts some of the key types of contracts that a business owner will learn about here include: Non-Disclosure Agreements, Leases, Employment Contract, Intellectual Property Contracts, and sales and services contracts.

Relevant Toolkits

To access more information about business relationships and contracts, follow these links:

• Guide to Contracts
• Guide to Establishing Partnership in Hong Kong

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post Building Business Relationships and Entering into Contracts appeared first on Foundation for Shared Impact.

You are now in the fourth module of Business Law Toolkit Series – a collaboration between EmpowerU, Mayer Brown, and Foundation for Shared Impact. The concept and importance of intellectual property will be discussed within this module. Trademarks, copyrights, patents, designs, trade secrets, and know-hows will all be covered by your instructors Amita Haylock and Joanne Cheung.

The learning objectives in this module are:

• To understand the concept of intellectual property
• To understand the different types of intellectual property and how they can apply to your business
• To learn the different methods to protect your intellectual property

Intellectual Property – what is it and what are the different types?

• Learn what intellectual property is and the different types of intellectual property.

How to protect your intellectual property

• It is important to protect your intellectual property to maintain your niche while preventing competitors from replicating your service or product. Methods of protection such as trademark registration will be discussed. In case of IP infringement, legal remedies and other methods such as arbitration or mediation is also discussed.

Relevant Toolkits

For more detailed guidance on intellectual property, click here.

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post The Importance and Concept of Intellectual Property appeared first on Foundation for Shared Impact.

Welcome to the first module of a 6-part Business Law Toolkit Series! This series is a collaboration between EmpowerU, Mayer Brown, and Foundation for Shared Impact. The series covers the most important and commonly needed legal prerequisites and knowledge for any aspiring or growing entrepreneurs. Throughout the series, legal professionals from Mayer Brown will guide you through various legal topics to support your entrepreneurial journey.

The 6 modules cover:

• Module 1: The Fundamentals of Hong Kong’s Legal System for Entrepreneurs
  • Familiarise yourself with the general principles of the Basic Law and Common Law of Hong Kong’s “One Country Two Systems.”
• Module 2: Choosing a Suitable Structure For Your Business
  • Find out more about different business structures and legal requirements. Increase your business’ efficiency through good corporate governance.
• Module 3: The Basics of Hong Kong Employment Law
  • Learn how Employment Law sets out the rights, duties, and obligations of employees and employers.
• Module 4: The Concept and Importance of Intellectual Property
  • Reinforce your understanding of intellectual property and methods to protect those of your business.
• Module 5: Building Business Relationships and Entering into Contracts
  • Learn how you can grow your business by establishing strong and sound business relationships and entering into contractual relationships.
• Module 6: Growing and Sustaining a Successful Business
  • The final module outlines the strategies for further sustainably growing your business and funding your initiative.

Introduction

You are now in Module 1: The Fundamentals of Hong Kong’s Legal System for Entrepreneurs. The learning objectives of this module include:

• To understand the basics of Hong Kong’s court system
• To understand the nature of disputes and litigation
• To learn the General Principles of the Basic Law of Hong Kong’s “One Country Two Systems”

It is important to familiarise yourself with the legal framework as it will allow you to better understand the relevant areas of law as an entrepreneur.

Hong Kong Court and Common Law System

• Hong Kong maintains a legal system, which is separate from, and different from, the legal system of Mainland China due to the principle of “one country, two systems”. This video explores the principle, the general structure of Hong Kong’s court system, and the nature of dispute resolution in Hong Kong.

Hong Kong and the PRC: Basic Law

• The Basic Law provides the constitutional framework of Hong Kong and encompasses the fundamental rights and freedom of Hong Kong residents. The general principles of the Basic Law are covered in the video below. Additionally, Hong Kong’s political structure, economy, and relationship with the PRC central authorities are discussed.

Relevant Toolkits

Note that FSI has a detailed guide providing an overview of Hong Kong’s legal system. If you are interested in learning more, access the guide here:

The information provided on this website should not be construed as legal advice or a legal opinion on any specific facts or circumstances. This guide is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are limited to the laws of Hong Kong as at the date of writing and is intended for general informational purposes only. You are urged to consult your attorney concerning any particular situation and any specific legal question you may have. This website contains links to other third-party websites, and such links are only for the convenience of the reader, user or browser. These links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

The post The Fundamentals of Hong Kong’s Legal System for Entrepreneurs appeared first on Foundation for Shared Impact.

Introduction

Do you want to start your own business in Hong Kong but are unsure of what licenses or permits you need to obtain to run your business legally in Hong Kong? The requirements and the processes to obtain the licenses can seem confusing, but look no further than this handy resource that we would like to introduce to you.

Business Licence Information Service by SUCCESS

SUCCESS (Support and Consultation Centre for Small and Medium Enterprises) by the Trade and Industry Department of the Government of Hong Kong provides a convenient website on which you can find all the basic information you need to identify the licenses you need to obtain.

The interactive website will ask you to provide answers to some short questions about your business operations and list out all the relevant licenses and permits that you should consider.

An Illustration – Opening a Take-out Restaurant in Hong Kong

To demonstrate how you can effectively use the Business Licence Information Service, we’ll make use of an imaginary example of a new take-out restaurant.

1. Select your industry

When you first enter the Business Licence Information Service website, You can select the categories that are the most relevant to your business by either conducting a keyword search or selecting the products and services that your business offers.

For our example of a take-out restaurant, we will select “Accommodation & Food Services” from the Services category.

2. Choose your business type

After selecting your industry, the form will ask you to narrow your selection. If several options seem to be relevant to your business, browse through the different choices to see what results are given to you – as the tool will suggest the licenses and permits you need to obtain per the selection you make. If you think that none of the provided options apply to your business, try choosing the most fitting one instead and/or contact the authority directly to gain further insight.

Once you have selected a business type, the website will ask you further questions about the business operation.

For our example of a take-out restaurant, we selected “Fast Food Shops, Take-Away only” as the business type and below is the question we are asked:

Select ALL boxes that apply to your business. In our example, we ticked the third box only – “Your business entity will operate as a company with limited liability in Hong Kong.”

3. Review the output

After you have gone through all the questions, the tool will return you the list of licenses you need to obtain to legally run your business in Hong Kong along with supplementary information such as the application forms, notes, and more.

Note that the output is summarized into three parts:

• Part A: Compulsory – what is legally required for you to obtain to run your business
• Part B: Additional – what you may need in addition to the licenses if you have not yet obtained the same (e.g. business registration, incorporation documents etc.)
• Part C: Other – what you may need based on situations and circumstances, including specific activities or ways of operation for your business.

More tips

• If this tool does not give you the answers that you were looking for, or should you need further clarification, we strongly recommend you to contact the respective authority directly to seek further advice.
• Make use of the files and links provided by the tool – review the application guides and also make use of the direct contact details of the most relevant party to reach out to if need be.

Please share any feedback you may have!

What did you find helpful, or how can we improve? What other kinds of resources do you think we should be providing?

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The post Obtaining a Business License in Hong Kong appeared first on Foundation for Shared Impact.

What is a Service Agreement, and When Do I Need One?

Are you engaging a third party (person or an entity) for a project or other defined engagement? In that case, you should consider writing and executing a service agreement.

A service agreement is a contract that outlines the terms and conditions of a service relationship between two parties. It defines the scope of services to be provided, the payment terms, confidentiality obligations, dispute resolution mechanisms, and other important details. This agreement ensures that both parties clearly understand their rights and responsibilities, and helps protect their interests throughout the service engagement. Examples of the scenarios where a service agreement will come most handy include:

• Execute an agreement with your client or partners if you are a small start-up
• Engage a freelancer or an independent contractor (or you could be the freelancer yourself) for a short-to-long-term project to protect your rights and set expectations
• Engage professional service providers, such as consultancy firms

Template of Service Agreement

To make your work easier, we created the below ready-to-use template of service agreement that you can customize to fit your needs and to ensure clear and mutually beneficial service relationships for your organization.

Please download the document to your device to edit it further.

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Additional Readings

If you are looking to hire someone as your employee, read the below guide and templates.

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice or as a substitute for the particularized advice of your own counsel. All information, content, and materials available on this website are for general informational purposes only, and they may not constitute the most up-to-date legal or other information. This website may contain links to other third-party websites, and such links are only for the convenience of the reader, user or browser. The links to third-party websites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there.

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What did you find helpful, or how can we improve? What other kinds of resources do you think we should be providing?

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