What words are banned in a Hong Kong company name

What Words Are Banned in a Hong Kong Company Name

The Registrar will refuse to register a company name if it is identical to an existing name on the Companies Registry's index, if its use would constitute a criminal offence, if it is offensive, or if it suggests a connection with the government without required consent. These are the specific grounds for refusal under the Companies Ordinance (Cap. 622).

Hong Kong Company Name Restrictions

The Companies Registry maintains an index of company names. It will refuse any name identical to one already on that index. The Registrar also checks for names that are too similar to an existing name and may direct a company to change a name that creates confusion. Search the index before incorporation to avoid wasted time and filing fees.

Prohibited Words Hong Kong Company Name

Names that would constitute a criminal offence are not registrable. This covers names suggesting illegal activity, such as those implying money laundering, drug trafficking, or fraud. The Registrar has discretion to refuse any name whose use would break the law, even if the activity itself could be lawfully carried on under another name.

Offensive Company Name Hong Kong

A name that is offensive is prohibited. The Registrar considers whether the name would cause public offence, including names that are obscene, blasphemous, or racially inflammatory. The test is objective: would a reasonable person in Hong Kong find the name offensive?

Company Name Requiring Consent Hong Kong

Certain names imply a connection with the government, a public authority, or a regulated profession and require written consent before registration. Examples include names containing "Chamber of Commerce", "Reinsurance", "Trust", "University", or "Bank". The consenting body might be the Financial Services and the Treasury Bureau, the Hong Kong Monetary Authority, or another relevant regulator. Without consent, the Registrar will refuse the name.

Hong Kong Company Name Rules

The Registrar may direct a Hong Kong company to change its name if it is too similar to a name already on the index. This power applies after incorporation, meaning a name can be challenged and changed even after the Certificate of Incorporation has been issued. A company that receives such a direction must comply within the period stated in the direction, or the Registrar can impose a default name.

When applying for a name, use Form NNC1 for a company limited by shares or Form NNC2 for a company that is already incorporated. The English name and Chinese name are checked separately, and a company may have both. A name that passes the index check still needs to comply with the rules above.

Directors should also consider that a name which avoids the restrictions above may still be challenged by a third party on trade mark grounds, though this is a matter of intellectual property law, not company registration.