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Q:
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Can a dissolved company be restored to the Companies Registry in Hong Kong?
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A:
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Yes, there are two different ways to bring back a company into good standing, which are “Administrative Restoration” and “Court Order Restoration”.
Company restoration is the only way of getting back the company’s assets vested in the Companies Registry as bona vacantia when the company was dissolved.
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Q:
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What is “Administrative Restoration”?
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A:
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Administrative restoration is the simplest way to restore a company to the Companies Register. It is often used where the company has been struck off because of failure to file Annual Return with the Companies Registry. However, a company which was dissolved by deregistration or winding up cannot apply for administrative restoration.
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Q:
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Who can apply for administrative restoration?
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A:
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The director or member of the dissolved company may apply for administrative restoration. The application must be made within 20 years after the company’s dissolution date.
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Q:
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What are the conditions to apply for administrative restoration?
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A:
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Here are the 4 major conditions that the Registrar will consider on the application:
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All the government fees and penalties, expenses and liabilities in dealing with the property or right during the period of dissolution are duly settled by the applicant;
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If the company has any immovable property which has been vested in the Government as bona vacantia, the government will approve the application and release the asset back to the company once the company is duly restored;
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3.
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The company keeps carrying on business or in operation even the company was struck off from the Companies Register; and
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4.
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The applicant has submitted all necessary documents and bring the company records up to date.
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Q:
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How long does the restoration take?
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A:
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It takes around 2 to 4 weeks to complete the restoration procedures and to bring the company back to Register by way of administrative restoration.
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Q:
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How do I know the result of the application?
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A:
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The Registrar will notify the applicant of the decision on the application by mail. Furthermore, if the Registrar grants the application, the relevant notice will be published in the Gazette.
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Q:
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Can the company use its former name after restoration?
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A:
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Yes. However, if the former name has been registered by another company during the dissolution period, it is required to change the company name within 28 days after the restoration.
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FAQ
