New Hong Kong Companies Ordinance – Accounting & Reporting Alert No-par value for shares What’s the issue? Issue 1 February 2014 From 3 March 2014, all shares, whether issued before or after that date, will lose their nominal (also known as “par”) value. This applies to both existing and new companies incorporated in Hong Kong. This change is brought about by the new Hong Kong Companies Ordinance Cap. 622 (“new CO”), which abolishes par value. Also affected will be share premium, capital redemption reserve and the requirement for authorised capital. Consequently, companies will need to record these changes in their accounting records and in their financial statements for periods ending on or after 3 March 2014. What are the key changes? • All shares have no nominal (par) value. • Share premium account, capital redemption reserve and authorised share capital are abolished. • All proceeds from an issue of shares are recorded as “share capital”. • Any amounts standing to the credit of share premium account and capital redemption reserve at 3 March 2014 are amalgamated with the existing amount of share capital. • “Share capital” can be used in similar ways as share premium account to write off: - preliminary expenses of the company; or - any permitted commission paid; or - any other expenses of any issue of shares. • Bonus shares can be issued without capitalising distributable profits or other appropriate reserves. Am I affected? All existing and new Hong Kong incorporated companies with share capital are affected by the abolition of nominal value of share. Do companies need to do anything? Companies do not have to do anything to convert their shares to no-par value or convert the “share premium” and “capital redemption reserve” into “share capital”. The new CO deems all shares issued before abolition to have no par value and the transitional provisions provide for the amalgamation of the share premium account and the capital redemption reserve with share capital. What accounting entries need to be made? However, on 3 March 2014 or after, a company with share capital needs to transfer any amounts standing to the credit of the share premium account and capital redemption reserve to share capital in its accounting records. What will financial statements show? Financial statements for periods ending before 3 March 2014 should continue to present share capital – authorised, issued, class, number of shares in each class, nominal value per share and aggregate nominal value ; share premium account and capital redemption reserve, if relevant. What will financial statements show? (continued) What impact is there on classes of shares and dividends? That is, there is no change from existing presentation and disclosure. There is no impact on the classes of shares that a company has in issue or the class rights attached to those shares. Where rights to dividends on existing shares are expressed by reference to their par value, for example, some preference shares, the transitional provisions in the new CO will apply to give affect as if their par value still exists. Financial statements for periods ending on or after 3 March 2014 should show the transfer of the balances on the share premium account and capital redemption reserve to “share capital” in the Statement of Changes in Equity. Accordingly, only the class, the number of shares in each class and the aggregate amount credited to “share capital” will be presented as “share capital” in the 2014 balance sheet and its notes. The share capital note should provide a narrative explanation that the changes are a result of the abolition of nominal value of shares under the new CO. The equity section of A Co., Ltd’s balance sheet and its Statement of Changes in Equity are illustrated in the Appendix. Are the comparative balance sheet and its notes restated? The comparative balance sheet and its notes will not be restated, as the changes are prospective from 3 March 2014. Consequently, the comparative balance sheet and notes will present the previously reported share capital, share premium and capital redemption reserve amounts as separate line items with accompanying details. Which companies and their financial statements will be affected first? Companies (private and listed) with a financial year ending on 31 March 2014 will be the first affected and have to deal with the changes in their annual financial statements for that year. Hong Kong incorporated companies listed on the Stock Exchange of Hong Kong or other bourses with a financial year ending on or after 30 September 2014, which report half yearly, will first deal with the changes in their interim financial statements for the 6 months ending on or after 31 March 2014. Those listed companies that report quarterly will deal with the changes in the interim financial statements for the quarter ending on or after 31 March 2014. PwC help If you have questions or require further information, please speak to your regular PwC contact. www.pwchk.com www.pwccn.com 2 Is the calculation of earnings per share affected? No. The abolition of nominal value will have no impact on the calculation of earnings per share (EPS), as the number of shares is unaffected by the change. For the purpose of calculating basic and diluted EPS, the weighted number of shares to be used will still be calculated in accordance with paragraphs 19, 26 and 36 of Hong Kong Accounting Standard 33, Earnings per Share. Are companies not incorporated in Hong Kong affected? No. Companies incorporated outside of Hong Kong are not affected. They will continue to comply with the legal requirements on share capital of the country in which they are incorporated. Do directors need to take any other action? The transitional provisions in the new CO are intended to provide legislative safeguards to ensure that contractual rights defined by reference to par value and related concepts will not be affected by the abolition of par. However, the Hong Kong Companies Registry suggests in its External Circular No. 7/2012 that directors may wish to review their companies particular situations before 3 March 2014 to determine whether they need to introduce more specific changes to their companies’ documents. Examples could include their Memorandum and Articles of Association, contracts, trust deeds, convertible bonds or preference shares and share certificates. Directors should seek independent legal advice, if necessary. Further information Hong Kong Companies Registry website provides further information on the abolition of par value and other aspects of the new CO. www.cr.gov.hk/en/companies_ordinance/index.htm APPENDIX Application of the new no-par value regime Effect on financial statements for accounting periods ending on 31 March 2014 A Co., Ltd is an existing Hong Kong incorporated company, with a 31 March year end. It has in issue 1,000 shares with nominal value of HK$1 each and has a share premium account of HK$9,000. It also has a capital redemption reserve of HK$500 arising from the redemption of some shares in a previous year. In the year to 31 March 2014, there are no changes to the number of issued shares, but A Co., Ltd earns profits of HK$200. It had HK$1,000 of retained earnings at 31 March 2013. Illustrative A Co., Ltd balance sheet equity section 31 March 2014 HK$ Share capital (1,000 shares issued and fully paid) (Note 1) Share premium Capital redemption reserve Retained earnings Total equity 10,500 1,200 11,700 2013 HK$ 1,000 9,000 500 1,000 11,500 Note 1 2014 - Share capital note will disclose class(es) of issued shares, number of issued shares and aggregate monetary amount per class. It should also provide a narrative explanation of the changes due to the abolition of par value of shares. 2013 – Share capital note will disclose authorised share capital, class(es) of issued shares, nominal value per share of each class and aggregate nominal value per class. Illustrative A Co., Ltd Statement of Changes in Equity Balance at 1 April 2013 Transfers on 3 March 2014 Profit for the year Balance at 31 March 2014 Share capital HK$ 1,000 Share premium HK$ 9,000 Capital redemption Reserve HK$ 500 Retained earnings HK$ 1,000 Total equity HK$ 11,500 9,500 10,500 (9,000) - (500) - 200 1,200 200 11,700 This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. © 2014 PricewaterhouseCoopers. All rights reserved. PwC refers to the Hong Kong member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. 3