Strike off a Hong Kong company also refers to Hong Kong company deregistration. A Limited company incorporated in Hong Kong, which is defunct and solvent, wants to cease its business must officially apply to the Companies Registry to deregister it or strike it off from the Register of Companies.
It is important to keep in mind that a company is still required to file Annual Returns to the Companies Registry before it is officially deregistered. A penalty otherwise will be imposed on the Company and/or the management for failure of submission of Annual Return.
Requirements for Deregistration
Limited companies incorporated in Hong Kong can apply for deregistration, provided that the company to be de-registered meets the following requirements:
(1) all members of the company agree to the deregistration of the company;
(2) the company has never commenced operation, or has already ceased business for more than 3 months;
(3) the company will not start/resume business in the future;
(4) the company has disposed of all trading stock, landed property and securities, if any;
(5) the company has no outstanding liabilities which include Profits Tax, Property Tax, Stamp Duty, Business Registration fee, fines and penalties in connection thereof and court fees;
(6) the company has no outstanding obligations under the Inland Revenue Ordinance. These include submission of return(s) which has (have) been issued by the Inland Revenue Department, liability to notify the Commissioner of Inland Revenue in writing that the company is chargeable to tax for any year of assessment in which a return has not been received;
(7) there are no unanswered inquiries from the Inland Revenue Department;
(8) there are no unsettled objections or appeals in respect of assessments already raised;
(9) all the annual returns have been filed.
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Procedures for applying for deregistration
(1) Hold a board meeting to pass a resolution to strike off the company;
(2) Apply in writing to IRD for a Notice of No Objection for Deregistration of a Defunct Company;
(3) Apply in writing to the Companies Registry for de-registration of the company.
In applying for deregistration, certain declarations should be made by the applicant. Any person who knowingly and recklessly gives information to the Companies Registrar that is false or misleading in a material particular is liable to a fine and to imprisonment.
Considering that the deregistration process is more technical and affecting company’s property, therefore, professional advice is needed before making an application.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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