Deregistration of a Defunct Solvent Private Company
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Deregistration of a Defunct Solvent Private Company
Author:xcd   Article source:  Hits:2875  Add time:2009-7-1  

1. Who can apply ?
􀂉 a private company;
􀂉 a director or member of the company.
(‘the company’ includes a dormant company
under section 344A of the Companies Ordinance
but excludes those companies specified in section
291AA(16) or registered under Part XI of the
Companies Ordinance.)
2. Under what circumstances can an
application be made ?
􀂉 all the members of the company agree to the
􀂉 the company has never commenced business
or operation, or has ceased to carry on
business or ceased operation for more than 3
months immediately before the application;
􀂉 the company has no outstanding liabilities; and
􀂉 it has obtained a “Notice of No Objection to a
Company being Deregistered” (Notice of No
Objection) from the Commissioner of Inland
3. What should I do ?
Submit the following to the Shroff on the 14th
floor of the Queensway Government Offices, 66
Queensway, Hong Kong -
􀂉 a completed specified form DR1 together
with a non-refundable fee of HK$420; and
􀂉 a Notice of No Objection from the Commissioner
of Inland Revenue (original copy).
You must provide the further information that
the Registrar of Companies (the Registrar) may
request in connection with the application.
Any person who knowingly and recklessly gives
information to the Registrar that is false or
misleading in a material particular is liable to a fine
and to imprisonment.
4. How long does it take ?
Normally, an approval letter for the deregistration
application will be issued in 5 working days. The
Registrar will then publish a notice of the proposed
deregistration in the Gazette. If no objection to the
deregistration has been received within 3 months
after the date of publication of the notice, the
Registrar will deregister the company by publishing
another notice in the Gazette declaring it to be
deregistered upon the publication of the notice and
the company will be dissolved. The applicant or
the nominated person will be notified upon
deregistration of the company. The whole process
will be completed within 5 months.
Upon dissolution of the company, all the
company’s property (including credit balances in
the company’s bank account) shall be deemed to be
bona vacantia and shall vest in the Government of
the Hong Kong Special Administrative Region.
You should seek legal or professional advice to
ensure the proper disposal of the company’s
property before making an application for
deregistration of the company.
Until the company is deregistered, the company
is still required to observe its obligations under
the Companies Ordinance including the filing of
annual returns and notification of situation of
registered office.



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