Most Read Contributor in Hong Kong, September 2016
Keywords: registered name, Hong Kong, companies
Most people know that a company registered in Hong Kong must
state its registered name in all its contracts, transaction
documents, business letters, notices and publications.
What many people may not know is that a company must state both
its registered English name and Chinese name in these
Failure to do so is a criminal offence.
The Companies (Disclosure of Company Name and Liability Status)
Regulation (Cap. 622B) ("Regulation") is a subsidiary
legislation of the new Hong Kong Companies Ordinance (Cap. 622),
which became effective on 3 March 2014.
Section 4 of the Regulation provides that a company must state
its registered name in its:
Business letters, notices, official publications;
Contract, deed, and other transaction instrument1 of
the company; and
What does this mean?
A company may be registered under the new Companies Ordinance by
either an English name or a Chinese name, or by a name consisting
of both an English name and a Chinese name.
If a company has both a registered English and Chinese name,
both names must appear in its business letters,
notices, official publications, contracts, deeds, other transaction
instruments and website.
From an employment perspective, this means the company's
registered English name and Chinese name must appear in the
Notices, including termination notices;
Memos and company letter paper;
Failure to comply with section 4 of the Regulation is a criminal
offence. If the company is found guilty of the offence, it could be
fined up to a maximum of HK$10,000.
1 Transaction instrument
(交易文書), in relation to a company,
Any contract or deed purporting to be signed by or on
behalf of the company;
Any bill of exchange, promissory note or endorsement
purporting to be signed by or on behalf of the
Any cheque or order for money or goods purporting to be
signed by or on behalf of the company; or
Any consignment note, invoice, receipt or letter of
credit of the company.
Mayer Brown is a global legal services organization
comprising legal practices that are separate entities (the Mayer
Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a
limited liability partnership established in the United States;
Mayer Brown International LLP, a limited liability partnership
incorporated in England and Wales; Mayer Brown JSM, a Hong Kong
partnership, and its associated entities in Asia; and Tauil &
Chequer Advogados, a Brazilian law partnership with which Mayer
Brown is associated. "Mayer Brown" and the Mayer Brown
logo are the trademarks of the Mayer Brown Practices in their
This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Failure to comply with company law in Hong Kong can be very expensive for businesses. In a highly dynamic business and regulatory environment such as Hong Kong, it is challenging for business owners to remain fully aware of the latest legal requirements.
In our article " Characteristics of the Commercial Agency Law of the United Arab Emirates" published with Mondaq on 27.09.2016, we outlined the general applicability of the UAE Commercial Agency Law (Federal Law No. 18 of 1981 including its amendments).
Confidentiality of corporate documents and information is one of
the key attractions of incorporating a company in the BVI. A
company search of the BVI Registrar of Corporate Affairs will only
disclose certain information and documents.
Luxembourg's Companies Act ‘reform bill' includes new rules for conversions of company types and introduces the S.à r.l.-S.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).