FAQ of Hongkong company striking off and winding up
[Q] How can I ascertain whether any striking off action or winding up proceedings have been taken against a company?
[A] You can conduct a company name search at the Companies Registry's Cyber Search Centre on the internet and then view the basic company information of the company which will indicate if any such action has been taken against the company concerned.
If the result is positive, you may also check the document index to see if any information sheets or documents regarding such action are available for inspection.
[Q] What are the differences between deregistration, striking off and winding up?
[A] Their purposes are the same as all of them will result in the dissolution of a company. Deregistration is a relatively simple, inexpensive and quick procedure for dissolving defunct, solvent, private companies which can meet the statutorily-specified requirements.
A defunct, solvent, private company which can meet these specified requirements can apply for deregistration. Other companies should proceed with winding up procedures as laid down in Part V of the Companies Ordinance. Striking off is an action initiated by the Registrar of Companies to strike defunct companies off the register.
[Q] I have discovered that a company which still owed me money has been deregistered/struck off and dissolved. What can I do?
[A] An aggrieved party (e.g. a creditor) may apply to the court for an order to reinstate/restore the company. You should seek legal advice regarding the application procedure.
[Q] How can I restore a dissolved company which has been struck off under section 290A of the Companies Ordinance?
[A] The members of the dissolved company may apply to the Registrar of Companies for the restoration of a company under section 290A(6) of the Companies Ordinance. An application can be made by way of a letter which should include an explanation of the need for the restoration and reasons for the failure to file annual returns which had consequently led to the striking off action under section 290A of the Companies Ordinance.
[Q] How can I restore a company which has been struck off under section 291 of the Companies Ordinance?
[A] An application can be made to the High Court for restoration pursuant to section 291 (7) of the Companies Ordinance. You should seek legal or other professional advice regarding the application procedure.