How is a Business Licence different from Business Registration?

When setting up a business in Hong Kong, it is important that you are aware of the business registration process and whether a licence is required for your business so as not to contravene any laws. You have to register for any business in Hong Kong, and may or may not have to apply for a certain business licence depending on your specific business activities.

How can I register for my business?

All businesses in Hong Kong need business registration. The Companies Registry is responsible for processing the application of:

  • Incorporation of local limited companies; and 
  • Registration of non-Hong Kong companies which were incorporated in Hong Kong and have established a place of business in Hong Kong

The steps of registration are summarized below:

  1. Choose the type and name of the company
    1. Type: Company limited by shares /guarantee
    2. Name: please refer to the Guideline on Registration of Company Names for Hong Kong Companies
  2. Deliver application either through e-Registry or CR eFiling or in hard copy
    1. Incorporation form Form NNC1 (for a company limited by shares) or Form NNC1G (for companies not limited by shares)
    2. A copy of the company’s articles of association; and
    3. Notice to Business Registration Office (IRBR1)
  3. Collect Certificates delivered in electronic form or in hard copy
  4. Obtain other permits or licence
    1. Some businesses need to obtain a licence before the operation, please see the paragraph below for more information.

How do I obtain a business licence?

A business licence is a permit issued by the HKSAR government, allowing you to conduct a specific type of business activity within Hong Kong. Please note that as a prerequisite to obtaining a business licence in Hong Kong, you must first register your business. 

Generally, to secure a business licence, you will have to fill in a form and lodge your application to the appropriate governmental body in Hong Kong. Upon applying for a business licence, it usually takes around 2-8 weeks to secure approval.

Which business activities require a business licence?

The table below lists the common examples of business activities and the respective licence(s) required in Hong Kong.

Industry areaExamples of business activitiesLicence(s) required
EducationEducational institute; tuition centre; etc.You will need to obtain a “Certificate of Registration of a School” licence from the Education Bureau of Hong Kong.
For more information, please see: https://www.edb.gov.hk/en/sch-admin/sch-registration/about-sch-registration/index.html
EmploymentEmployment agencies, e.g. headhunting or executive search companies, foreign domestic worker agencies, local and foreign staffing agencies, etc.You will need to obtain a “Licence to Operate an Employment Agency” from the Labour Department of Hong Kong.
For more information, please see: https://www.eaa.labour.gov.hk/en/operator.html
Event managementEvent management companies, e.g. exhibitions, concerts and indoor events; community, sporting and outdoor events; meetings, conventions and conferences; etc.The licensing requirements vary depending on the specific activities you will conduct. Below are some examples of possible required licences:
“Amusements with Prizes Licence” from the Entertainment Licencing Authority.
“Food Factory Licence” from the Food and Environmental Hygiene Department.
“Liquor Licence” from the Liquor Licencing Board of the Food and Environmental Hygiene Department of Hong Kong.
“Lottery Licence” from the Television and Entertainment Licensing Authority.
FoodGeneral restaurant; light refreshment restaurant; seafood restaurant; bakery; cold store; factory canteen; food factory; fresh provision shop; frozen confection factory; milk factory; siu mei and lo mei shop.You will need to obtain the relevant food business licence from the Food and Environmental Hygiene Department of Hong Kong.
For more information, please see: https://www.fehd.gov.hk/english/licensing/guide.html
LiquorSelling, advertising or exposing for sale, supplying, or possessing for sale and supplying of, liquor.You will need to obtain a “Liquor Licence” or a “Club Liquor Licence” from the Liquor Licensing Board of the Food and Environmental Hygiene Department of Hong Kong.
For more information, please see: https://www.fehd.gov.hk/english/LLB_web/procedure.html
Professional servicesLegal; accounting; insurance brokerage; financial services; etc.You will need to register with the appropriate professional bodies to obtain the relevant licence(s).
TradingImport or export activities dealing with controlled goods, e.g. cigarettes, tobacco, drugs, animals, certain foods, etc.You will need to obtain the relevant import/export licence(s) relating to the specific goods, from the appropriate governing agency.
For more information, please see: https://www.tid.gov.hk/english/import_export/oielc.html
TravelTravel agency, i.e. selling travel/tour packages (including transportation services).You will need to obtain the “Travel Agent’s Licence” from the Commerce and Economic Development Bureau.
For more information, please see: https://www.tar.gov.hk/eng/frequently/index.html#n5
Retail shopChinese herbal medicine shop; cosmetics, etc.The licensing requirements vary depending on the specific products you are selling.
Corresponding to the example business activity of Chinese herbal medicine shop:
“Retailer Licence in Chinese Herbal Medicines” from the Department of Health.
Other public servicesBedspace apartments; clubs; hotels and guesthouses; karaoke establishments; etc.You will need to obtain a certificate of compliance and/or the relevant licence(s), mostly from the Office of the Licensing Authority of the Home Affairs Department of Hong Kong.
For more information, please see: https://www.hadla.gov.hk/el/en/home/index.html

Please note that the above table merely aims to provide a general overview of the common industries and types of business activities that require licences in Hong Kong. Thus, both the industrial areas and types of business activities, as well as the respective licence(s) required, are certainly not exhaustive. In other words, due to the unique features of your individual business, there may also be alternative or additional, business licences you need to obtain according to your particular business activities.

Therefore, it may be helpful for you to take a look at the website of the Support and Consultation Centre for SMEs of the Trade and Industry Department of the HKSAR Government to find out what specific licence(s) are required and the respective application procedures for your particular business operations: https://www.success.tid.gov.hk/tid/eng/blics/index.jsp

Key takeaways

  • In Hong Kong, you must first register your business or company before you can apply for a business licence.
  • Some business activities do, by law, require a licence; these include, but are not limited to, the respective business activities associated with Education, Employment, Event management, Food, Liquor, Professional services, Trading, Travel, Retail shop, and Other public services.
  • You may refer to the Support and Consultation Centre for SMEs of the Trade and Industry Department of the HKSAR Government for a more comprehensive list of required licences and application procedures, specific to your business activities.

Bibliography:

  1. GovHK, ‘Registration & Licences’: https://www.gov.hk/en/business/registration/license/index.htm
  2. How to register a new company?: https://www.cr.gov.hk/en/services/register-company.htm