Hong Kong Company Restoration
Has your company been dissolved and you need it restored to unfreeze assets or continue trading? Contact us for an expert and reliable Hong Kong company restoration.
We can restore your Hong Kong company to the Companies Register if struck off. Hong Kong company restoration requires the payment of all outstanding licence fees, penalties and the government company restoration fee. Once your Hong Kong company is restored to the register it is deemed never to have been struck off and to have been in continued existence.
A company dissolved by striking off by the Registrar of Companies may apply for restoration by administrative restoration or by court order, the preferred method is dependent on the circumstances surrounding dissolution.
Hong Kong Administrative Company Restoration
Hong Kong has recently updated its Company Ordinance, which introduced a new “administrative restoration” procedure. Administrative restoration allows for a company to be administratively restored to the Companies Register by the Registrar of Companies without the need for recourse to the Court of First Instance. The new procedure is not applicable to a company which was dissolved by way of de-registration or winding up.
A dissolved company must apply for administrative restoration within 20 years of the date of dissolution. Any director, shareholder or creditor of the company can apply to the Registrar of Companies for a Hong Kong administrative restoration of the dissolved company.
A Hong Kong company can apply for administrative restoration if the following conditions set by the new ordinance are met:
- the company was in operation or carrying on business at the time its name was struck off the Companies Register,
- the company has any property situate in Hong Kong which has become vested in the Government as Bona Vacantia,
- the company must bring their company’s records up to date at the Registrar through payment of all outstanding penalty fees, filing fees and documentation; and
- any other conditions imposed by the Registrar as they see fit.
A non-Hong Kong company whose name has been struck off the Companies Register may also apply for administrative restoration.
- the company had a place of business in Hong Kong at the time of the application and at any time within the period of 6 months before its name was struck off the Companies Register
- the applicant must bring up to date the company’s records kept by the Registrar; and
- any other conditions imposed by the Registrar as the Registrar thinks fit.
Once the company has successfully applied for administrative restoration and provided that the documents delivered are in order, it will normally take about 2 to 3 months to restore a dissolved company.
Hong Kong Company Restoration Costs
Our fees include the following services:
- obtaining and perusing relevant filings and various related documents
- obtain a company search
- drafting and completing the documents necessary for the application
- drafting affirmation and the restoration order
- serving documents and communicating with on the Registrar of Companies
- filing the application with the Registrar of Companies if necessary
Disbursements or Expenses:
- outstanding filing fees on annual returns
- penalty for late filings and other penalties
- outstanding business registration fees (charged by the Inland Revenue Department)
- filing fees to the Companies Registry on the restoration application
Updating Documents for a Hong Kong Company Restoration
- All outstanding Annual Returns with certified true copies of financial statements, together with payment of the annual registration fees
- A Notice of Change of Address of Registered Office if there had been any change of registered office address before or after the dissolution of the company
- A Notice of Change of Company Secretary and Director and / or A Notice of Change in Particulars of Company Secretary and Director, if there had been any change relating to company secretary and / or director(s) before or after the dissolution of the company
- Any other documents / forms that are necessary to bring the company’s records kept by the Registrar up to date.
Filing of Annual ReturnsFee for late annual return filing:
- More than 3 months after the company’s return date – HKD1,740
- More than 6 months after the company’s return date – HKD2,610
- More than 9 months after the company’s return date – HKD3,480
Struck Off Hong Kong Company
Once the company has been struck off, neither the company nor any directors or shareholders may carry on any business or in any way deal with the assets or affairs of the company.
Once the company is restored, it is required to have a Registered Office and Company Secretary. We can provide the registered office and company secretary service. Our restoration service fees do not cover these two items.