Contents of Section
Bookmark
Add to Printing List

Chapter:

32 PDFTitle:COMPANIES ORDINANCEGazette Number:L.N. 132 of 2010
Section:20Heading:Restriction on registration of companies by certain namesVersion Date:10/12/2010

Provisions with respect to Names of Companies

(1) A company shall not be registered by a name-
        (a) which is the same as a name appearing in the Registrar's index of company names;
        (b) which is the same as that of a body corporate incorporated or established under an Ordinance;
        (c) the use of which by the company would, in the opinion of the Chief Executive, constitute a criminal offence; or
        (d) which, in the opinion of the Chief Executive, is offensive or otherwise contrary to the public interest.
(2) Except with the consent of the Chief Executive no company shall be registered by a name which-
        (a) in the opinion of the Chief Executive, would be likely to give the impression that the company is connected in any way with the Central People's Government or the Government of Hong Kong or any department of either Government; or
        (b) includes any word or expression for the time being specified in an order made under section 22B.
(2A) Except with the consent of the Registrar, a company must not be registered by a name that is the same as a name for which a direction has been given under section 22 or 22A on or after the commencement* of the Companies (Amendment) Ordinance 2010 (12 of 2010). (Added 12 of 2010 s. 12)
(3) In determining for the purposes of subsection (1)(a) or (b) or (2A) whether one name is the same as another- (Amended 12 of 2010 s. 12)
        (a) the following shall be disregarded-
          (i) the definite article, where it is the first word of the name;
          (ii) the following words and expressions where they appear at the end of the name, that is to say-
            (A) "company";
            (B) "and company";
            (C) "company limited";
            (D) "and company limited";
            (E) "limited";
            (F) "unlimited";
            (G) "public limited company";
            (H) "公司"; (Added 3 of 1997 s. 8)
            (I) "有限公司"; (Added 3 of 1997 s. 8)
            (J) "無限公司"; and (Added 3 of 1997 s. 8)
            (K) "公眾有限公司"; (Added 3 of 1997 s. 8)
          (iii) abbreviations of any of the words or expressions referred to in subparagraph (ii) where they appear at the end of the name; and
          (iv) type and case of letters, accents, spaces between letters and punctuation marks; (Amended 3 of 1997 s. 8)
        (b) "and" and "&", "Hong Kong", "Hongkong" and "HK", and "Far East" and "FE" are respectively to be taken as the same;
        (c) two different Chinese characters shall be regarded as the same if the Registrar is satisfied that having regard to the usage of the two Chinese characters in Hong Kong, they can reasonably be used interchangeably. (Added 3 of 1997 s. 8)
(Replaced 60 of 1990 s. 3. Amended 23 of 1999 s. 3)
[cf. 1985 c. 6 s. 26 U.K.]
_________________________________________________________________________________________
Note:
* Commencement date: 10 December 2010 (Parts 1, 3, 4, 6 and 8).