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Q:
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I have a Hong Kong Limited Company, but it has been dissolved. Can I apply to restore the dissolved company to the Companies Register?
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A:
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Yes, there are two methods to restore your company:
If a company is dissolved by deregistration, it may apply to the Court of First Instance for restoration; or
If a company is dissolved by striking off by the Registrar of Companies, it may apply for restoration by Court Order or by administrative restoration.
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Q:
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How can I obtain the Court Order to restore my company?
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A:
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For restoration by Court Order, an application can be made to the Court of First Instance under section 765 of the Companies Ordinance for an Order that the company be restored to the Register. Kaizen can assist you to make the application for the restoration by Court Order.
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Q:
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Who can apply for reinstatement by Court Order?
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A:
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The director, shareholder, creditor of the company or any person who feels aggrieved by closing of company may apply for reinstatement by Court Order.
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Q:
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What are the conditions to apply for reinstatement by Court Order?
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A:
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There are several conditions that the court will consider on the application:
If the followings are met, the court may order that the Registrar to reinstate the registration of a company that was deregistered under section 765 of the predecessor Ordinance:
1.
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If an application for reinstatement is made to the court within 20 years of the deregistration of company; and
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2.
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the court is satisfied that it is just that the registration of the company be reinstated.
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In the process of application for reinstatement, the company or the applicant needs to file all outstanding Annual Returns from the day when the company was deregistered to the time of application for reinstatement. If the company has never been deregistered, the company shall pay all Annual Return statutory filing fees together with late filing penalty (if any).
The company or the applicant have to renew the business registration certificate from the day when the company was deregistered to the time of application for reinstatement (if any).
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Q:
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How long does the restoration of company take?
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A:
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For restoration by Court Order, it generally takes around 4 to 6 months to complete the restoration procedures.
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Q:
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What can I do if the company former name has been registered by others?
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A:
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It is required to change the company name by giving notice in the specified form to the Registrar within 28 days after restoration.
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FAQ
