Parts 3 of the Companies (Amendment) Ordinance 2010 - To come into effect from 10 December 2010

Part 3 – Company Names

1. In order to expedite the company name approval process, a company name will be accepted for registration if it satisfies certain preliminary requirements, namely, that it is not the same as another name on the register and does not contain certain specified words or expressions. If the company’s name is subsequently found to be objectionable, the Registrar of Companies (“the Registrar”) will be empowered to direct the company in question to change its name under the new sections 22(3A) and 22A(1A) of the Companies Ordinance (“CO”).

2. The Registrar will be given new powers to enhance enforcement against abuses of the company name registration system, including the power to act upon a court order under section 22(3B) of the CO to direct a company to change its infringing name and, under section 22AA, the power to replace that name with the company’s registration number if it fails to comply with the Registrar’s direction to change name. The same power to replace the name of a company will be given to the Registrar where a company fails to comply with a direction to change its name which is too like that of another company on the register; gives the impression that the company is connected with the Central People’s Government or the Government of Hong Kong Special Administrative Region; the use of which constitutes a criminal offence; or is offensive or contrary to the public interest.

3. Section 20(2A) provides that, except with the Registrar’s consent, 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 Amendment Ordinance, namely, 10 December 2010.

(Extract from Hong Kong Companies Registry External Circular No. 1/2010)