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Director Penalty Notice
I need a Director Penalty Notice that outlines the personal liability of directors for unpaid company taxes, including clear instructions on how to comply with the notice to avoid penalties. The document should adhere to Hong Kong regulations and provide a timeline for response and payment.
What is a Director Penalty Notice?
A Director Penalty Notice is a formal warning issued by Hong Kong tax authorities when a company fails to meet its tax obligations. It holds company directors personally responsible for unpaid taxes, making them directly liable for the outstanding amount if the company defaults.
Under Hong Kong's Inland Revenue Ordinance, these notices give directors 14 days to take action - either by paying the debt, putting the company into liquidation, or appointing an administrator. Ignoring the notice can result in personal asset seizure and travel restrictions, which is why tax professionals often advise addressing these notices immediately.
When should you use a Director Penalty Notice?
Hong Kong tax authorities issue Director Penalty Notices when companies repeatedly miss tax payments or fail to lodge required returns. This enforcement tool becomes necessary after standard collection methods prove unsuccessful and the company shows patterns of non-compliance with tax obligations.
The notice serves as a final warning before taking serious action against directors personally. Common triggers include: prolonged unpaid salaries tax, persistent failure to submit profits tax returns, or significant outstanding tax debts with no payment arrangement in place. Tax officers typically issue these notices after multiple attempts to resolve the situation through standard channels have failed.
What are the different types of Director Penalty Notice?
- Initial Warning Notice: Alerts directors to tax defaults and provides 14 days to address the issue before personal liability takes effect
- Lockdown Notice: Immediately locks in director liability for specific tax debts, typically used for serious cases or repeat offenders
- Remission Notice: Issued when penalties are reduced or withdrawn after directors take corrective action
- Recovery Action Notice: Details specific enforcement actions planned against personal assets if the tax debt remains unpaid
- International Notice: Special version for overseas directors, including cross-border enforcement provisions
Who should typically use a Director Penalty Notice?
- Tax Authorities: Hong Kong's Inland Revenue Department officials prepare and issue Director Penalty Notices when companies default on tax obligations
- Company Directors: Primary recipients who become personally liable for the company's tax debts and must respond within strict timeframes
- Tax Advisors: Help directors understand their obligations and develop response strategies when notices are received
- Insolvency Practitioners: Assist with voluntary administration or liquidation options if directors can't meet the notice requirements
- Corporate Secretaries: Track and manage communications between directors and tax authorities regarding these notices
How do you write a Director Penalty Notice?
- Company Details: Gather the company's full legal name, registration number, and registered address
- Tax Information: Compile detailed records of unpaid tax amounts, due dates, and previous payment demands
- Director Information: Document full names, ID numbers, and current addresses of all relevant directors
- Timeline Evidence: Record dates of previous communications, warnings, and attempts to collect the debt
- Legal Requirements: Our platform ensures notices include mandatory warning periods, payment options, and consequences, all compliant with Hong Kong tax regulations
- Review Process: Double-check all amounts, dates, and director details before finalizing the notice
What should be included in a Director Penalty Notice?
- Company Identification: Full legal name, business registration number, and registered office address
- Tax Liability Details: Precise amounts owed, tax periods involved, and calculation breakdowns
- Director Information: Complete details of all relevant directors and their roles during the default period
- Payment Terms: Clear 14-day deadline and acceptable payment methods under Hong Kong tax law
- Legal Consequences: Specific penalties and personal liability warnings as required by IRD guidelines
- Compliance Statement: Reference to relevant sections of the Inland Revenue Ordinance
- Official Authorization: Tax authority's letterhead, reference numbers, and authorized signatory details
What's the difference between a Director Penalty Notice and a Notice of Default?
A Director Penalty Notice differs significantly from a Notice of Default in both purpose and legal implications. While both serve as formal warnings, their scope and consequences are quite distinct.
- Legal Authority: Director Penalty Notices are exclusively issued by tax authorities, while Notices of Default can be issued by any creditor or contracting party
- Personal Liability: Director Penalty Notices create direct personal liability for company directors, bypassing corporate protection; Notices of Default typically maintain the corporate veil
- Response Timeline: Director Penalty Notices mandate a strict 14-day response period under tax law; Notices of Default often allow negotiable cure periods
- Enforcement Scope: Director Penalty Notices specifically target tax obligations, while Notices of Default cover any contractual breaches or payment defaults
- Resolution Options: Director Penalty Notices offer limited solutions (pay, liquidate, or appoint administrator); Notices of Default usually allow broader remediation paths
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