No. Only if it is a private company and a company limited by guarantee may apply for deregistration under Division 2 of Part 15 of the new CO.
Yes. Besides of the three conditions specified in the old Companies Ordinance (Cap. 32), namely, the company has not commenced/has ceased operation or business, it has no outstanding liabilities and all the members agree to the deregistration. Additionally, there are three new conditions for deregistration are specified under section 750(2) of the new CO:
No. The documents required are same as before. The application must be in the specified form, accompanied by the prescribed fee, as well as accompanied by a written notice of no objection to deregistration from the Commissioner of Inland Revenue.
In brief, it is depending on:
A company dissolved by deregistration may apply to the Court of First Instance for restoration.
A company dissolved by striking off by the Registrar of Companies may apply for restoration by court order or by administrative restoration.
For restoration by court order, an application can be made to the Court of First Instance pursuant to section 765 of the new CO.
In general “Administrative restoration” is a new process to administratively restore a company to the Companies Register by the Registrar of Companies.
No. To be eligible for administrative restoration, the company’s name must have been struck off due to the Companies Register by the Registrar of Companies and also the company must have been dissolved consequently. A company which was dissolved by way of deregistration or winding up cannot apply for administrative restoration.
No, hence there are time limitation as below:
For a dissolved local company, within 20 years after the date of the dissolution. Whereas, for a non-Hong Kong company, within 6 years after the date of the striking off.
Hence there are limitations for the persons who can apply to the Registrar of Companies for administrative restoration. For a dissolved local company, a person who was a director or member of the company. Same as to a non-Hong Kong company, a person who is a director or member of the company.
The Registrar will usually require the production of the written authorizations of the members of the company for making the application.
Importantly, there are conditions for administrative restoration are:
The Registrar of Companies may also impose any other conditions as the Registrar thinks fit.
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