Form NM1 Statement of Particulars of Charge Hong Kong: Deadline, Fee and Filing Guide

Form NM1 Statement of Particulars of Charge Hong Kong

File Form NM1 with the Companies Registry within one month of creating a charge over company assets. The form records the essential details of a mortgage, debenture or other security interest granted by the company. Miss the statutory time limit and the charge becomes void against a liquidator or any creditor. The secured lender loses its priority.

Hong Kong Charge Filing Deadline NM1

The filing deadline is absolute. The company or any interested person must deliver the form within one month beginning on the day after the charge is created. For charges created outside Hong Kong, the period starts on the date the instrument creating or evidencing the charge would, if duly posted, have been received in Hong Kong in the ordinary course of the post.

File late and the charge risks being void against any liquidator or administrator of the company. The lender's security vanishes. The debt becomes unsecured, ranking behind preferential creditors and alongside other unsecured creditors. The Companies Registry will accept a late NM1, but the charge's validity from the registration date forward is the issue, not the form's acceptance.

NM1 Companies Registry Fee

The standard registration fee for a charge on Form NM1 is HK$340. There is no higher fee bracket for late filings; the penalty is the charge becoming void, not a monetary surcharge. Pay the fee upon submission, whether through the e-Services portal or by paper.

If the company files NM1 with a certified true copy of the charge instrument, the single fee covers both documents. The Companies Registry will not register the charge until the fee is paid. The one-month clock keeps running while payment is outstanding.

Register Charge Hong Kong Company

Submit Form NM1 with the instrument creating or evidencing the charge. A certified true copy is sufficient. The Companies Registry will issue a certificate of registration once the charge is recorded.

A charge not registered within the one-month window is void against any liquidator or administrator, and against any person who acquires an interest in the charged property for value. This applies whether the charge was created in Hong Kong or elsewhere. The company itself remains bound by the charge, but a creditor who obtains a judgment and seizes the charged property may take priority.

The Companies Registry maintains a public register of charges. Anyone can search it to see charges recorded against a company. This register is separate from the company's internal records.

Particulars Required on Form NM1

Form NM1 requires:

• The date of the charge's creation
• A description of the instrument creating or evidencing the charge (for example, a debenture dated 15 June 2025)
• The amount secured by the charge
• Short particulars of the property charged (for example, "all present and future assets of the company" or "commercial premises at 2 Queen's Road Central, Hong Kong")
• The persons entitled to the charge (the chargee or their agent)
• The name and address of the company granting the charge
• The signature of a director, company secretary or other authorised person

A company officer must sign the form. The Companies Registry will reject it for any missing or illegible particular.

Supporting Documents for NM1

Attach the original charge instrument or a certified true copy. If the instrument is not in English or Chinese, a certified translation is required. The Companies Registry will not accept an uncertified photocopy.

A certified true copy is a copy verified as such by a qualified professional. A solicitor, a notary public or a company director can certify it by stating it is a true copy of the original. The certification must appear on the copy itself.

Form NM2: Satisfaction or Release From Charge

When a charge is fully satisfied or the debt released, file Form NM2 (Notification of Payment, Satisfaction of Debt or Release from Charge) with the Companies Registry. This companion form to NM1 notifies the Registrar that the charge no longer encumbers the company's assets.

The filing deadline is one month from the date of satisfaction or release. Failure to file NM2 leaves the charge on the public register, appearing on any company search despite repayment. File NM2 to clear the record.

The Companies Registry updates the register upon receiving a completed NM2 with the correct fee. The fee for filing NM2 is HK$340.

Consequences of Struck Off and Charges

A struck-off company ceases to exist as a legal person. A charge against a struck-off company is technically void because the company no longer exists to be sued or to hold assets. If the company is later restored, the charge may be revived depending on the restoration circumstances.

The Companies Registry will not process Form NM1 for a struck-off company. Apply for restoration under Part 15 of the Companies Ordinance first, then file the NM1 within the court's time limit.

Where to File Form NM1

File Form NM1 through the Companies Registry e-Services portal at https://www.eregistry.gov.hk/ or by paper delivery to the Companies Registry at 14/F, High Block, Queensway Government Offices, 66 Queensway, Hong Kong.

Electronic filing avoids postal delays. The one-month deadline applies regardless of filing method, so allow processing time if filing by post.