HOW TO APPLY FOR FACTORY REGISTRATION WITH THE TRADE AND INDUSTRY DEPARTMENT¹

Purpose of Factory Registration with the Trade and Industry Department

Manufacturers must first be registered with the Trade and Industry Department in respect of the products they produce before they are eligible to apply for Certificate of Hong Kong Origin (including Certificate of Hong Kong Origin (CEPA)), Production Notification (for cut-and-sewn garments) (PN), or to participate in the Local Subcontracting Arrangement (LSA) or Outward Processing Arrangement (OPA).

Requirements for Registration

To be considered as a registrable manufacturing concern, the factory must :

1. be registered with the Business Registration Office of the Inland Revenue Department;
   
   
2. have fixed, self-contained premises (which may be self-owned or rented);
   
   
3. have machinery installed in the factory premises suitable for the manufacture of the product to be registered;
   
   
4. have labour force employed by the factory to produce the goods to be registered (the labour may be regular or casual workers on monthly, daily-paid or piece-rate basis); and
   
   
5. maintain adequate books and records on the factory's operations.

Factory Registration Procedure

In applying for registration, a manufacturer has to :

1. obtain an Application for Registration (TID 91), a pay-in-slip, a demand note and 2 Factory Registration Cards (TID 60) from the Customer Service Centre of the Factory Registration and CO(CEPA) Branch at 3/F of the Trade and Industry Department Tower or the Central Registration Office of the Origin Certification and Textiles Licensing Branch at 1/F of the same building;
   

2. duly complete the application form in English;
   

3. complete in English the Factory Registration Cards (TID 60) by providing specimens of authorised signatures and company chops for applying Certificate of Origin and/or Production Notification;
   
   
4. pay the registration fee (currently $3,003 per annum) either at any branch of the Hong Kong and Shanghai Banking Corporation using the pay-in-slip or, at the Collection and Form Sales Office, Room 104 of Trade and Industry Department Tower using the demand note²; and
   

5. sign the Application for Registration. The signatory should be the sole-proprietor (in the case of sole-proprietorship); one of the partners (in the case of partnership); or a responsible official/director authorised in writing by the board of directors (in the case of a limited company).
   

The signatory of the Application for Registration must be a Hong Kong resident holding a valid Hong Kong Identity Card.

For lodgment of application, the signatory of the application should come in person. He/She should bring along the company chop and approach the Customer Service Centre of the Factory Registration and CO(CEPA) Branch or the Central Registration Office of the Origin Certification and Textiles Licensing Branch. The following documents should be returned together with the application :

1. The original Hong Kong Identity Card of the signatory of the Application (will be returned to the applicant immediately after checking);

2. 2 Factory Registration Cards (TID 60) and the photocopies of the Hong Kong Identity Card or Passport of all the authorised signatories appeared on the Factory Registration Cards;

3. The original and photocopy of valid proof of residence in Hong Kong within the recent three months (e.g. recent rates demand note, public utilities bill, bank statement, etc) ³ of the signatory to the Application;

4. In case of a sole proprietorship or partnership :

1. A certified true copy of Business Registration application; and

2. Valid Business Registration Certificate(s) bearing the correct address(es) of the factory premises (original and photocopy)

5. In case of a limited company :

1. Valid Business Registration Certificate(s) bearing the correct address(es) of the factory premises (original and photocopy);

2. A complete set of Certificate of Incorporation (original and photocopy);

3. A certified true copy of directors' list and the latest Annual Return (Form AR1), if available. Certified true copies of D1/D2/D3/D4 should also be provided if there is any amendment after the latest Annual Return. (All documents must be properly certified on each and every page by Companies Registry, a Chartered Public Accountant or a solicitor. The date of certification should be within 6 months from the date of lodgment of the Factory Registration application);

4. if any one of the directors in the directors' list is a corporation, a complete set of Certificate of Incorporation (original and photocopy) should also be provided; and

5. Authorisation letter (pdf format) issued by the Board of Directors to authorise the signatory to make the application for registration for and on behalf of the factory.
   

6. In case of a factory producing foodstuff, a copy of valid food licence issued by the Food and Environmental Hygiene Department; and

7. Green copy of machine-printed pay-in slip or the lower portion of the demand note (with stamp franking).

After the application and supporting documents have been checked, the applicant has to attend an interview with an authorised officer of the Trade and Industry Department who will explain the conditions of registration and witness the signing of the Declaration and Undertaking.

The factory will then be inspected by officers of the Customs and Excise Department. If everything is in order, the Trade and Industry Department will inform the applicant in writing within 14 clear working days from the date of application of the approval of the application and the Factory Registration number of the factory.

The manufacturer may then apply for Certificates of Origin in respect of the products registered from the Trade and Industry Department or one of the five Government Approved Certification Organizations⁴ . They may also apply for Production Notifications from the Trade and Industry Department, and use other facilities which require a valid Factory Registration.

Updating of Registration Particulars

After registration, the manufacturer is legally bound to observe all the conditions of registration as long as the factory remains registered with the Trade and Industry Department. Registration particulars must be kept up-to-date and any change in registration particulars including authorised signatories and production capacity must be notified to the Trade and Industry Department immediately in writing.

In making amendment, the applicant has to complete either an Application for Amendment of Registration Particulars under Factory Registration (FR) (TID 99) or fresh Application for Registration (TID 91) for certain amendments. Please refer to the "Notes on Completion of Application for Amendment of Registration Particulars under Factory Registration" for details or consult the Factory Registration Section or Customer Service Centre of Factory Registration and CO(CEPA) Branch if in doubt. These forms can be obtained free of charge at the Customer Service Centre of the Factory Registration and CO(CEPA) Branch. TID 99 and specimen of TID 91 can be downloaded from the departmental homepage (http://www.tid.gov.hk).

After receiving the application, the Trade and Industry Department will examine and consider carefully and inform the applicant normally within 3 clear working days of the result of the application. However, for amendment of certain material particulars (e.g. change in signatory to the Application Form, factory address, articles produced, manufacturing process(es), equipment, scale plan of factory premises), a factory inspection will be conducted by officers of the Customs and Excise Department to verify the information provided. In these cases, provided there being no complication, the applicant will normally be informed of the outcome of his application within 14 clear working days after lodgment of the application. 

Validity of Factory Registration

The Factory Registration is valid for one year. A registration fee is chargeable annually for factories which want to renew their Factory Registration with the Trade and Industry Department. A factory's Factory Registration will be cancelled and its Factory Registration Number will be deleted if it is not renewed after expiry.

If a registered factory ceases to export goods or if production of goods has been suspended, the manufacturer should apply for cancellation of registration with the Trade and Industry Department in writing. The Factory Registration number of the cancelled registration will be deleted. Any paid registration fee will not be refunded.

Re-registration after a Factory Registration is cancelled

A manufacturer may re-apply for Factory Registration after its previous registration is cancelled. The application will be considered as a fresh application and the applicant should follow the same procedures as a new applicant for Factory Registration. If everything is in order, the application will be approved and a new Factory Registration number will be allocated to the applicant.

Important Note/Warning

Receipt of payment of FR registration fee shall not be deemed an indication that the FR application will be/has been approved.

Enquiries

Should you have any enquiries about Factory Registration, please contact the Factory Registration Section (Tel. 2398 5531) or Customer Service Centre of Factory Registration and CO(CEPA) Branch (Tel.: 2398 5525) at 3/F, Trade and Industry Department Tower, 700 Nathan Road, Kowloon.

Trade and Industry Department
February 2006

²To make payment at the Collection and Form Sales Office, a manufacturer is required to fill in both Part A and B of the demand note and bring it to the Office with a copy of valid Business Registration Certificate. Payment can be made either by cash or cheque. Payment by cheque should be made payable to "The Government of the Hong Kong Special Administrative Region". After checking, the Collection and Form Sales Office will return the lower portion of the demand note (with stamp franking) and the Business Registration Certificate copy to the manufacturer. A payment receipt will be issued.

³The Department reserves all the rights not to accept any proof of residence which is not within recent three months, not in the name of the signatory or not in any of the specified categories.

⁴The five Government Approved Certification Organizations are :
(a) The Hong Kong General Chamber of Commerce,
(b) The Indian Chamber of Commerce, Hong Kong,
(c) Federation of Hong Kong Industries,
(d) The Chinese Manufacturers' Association of Hong Kong, and
(e) The Chinese General Chamber of Commerce.