Form NM4 Notice of Mortgagee Going out of Possession Hong Kong
Understand the requirements for filing Form NM4 to report a mortgagee going out of possession of a charged property in Hong Kong.
NM4 at a glance
- Official title
- Notice of Mortgagee Going out of Possession of Property
- Issued by
- Companies Registry
We link the issuing authority's own index rather than hosting a copy, because the form is revised there and an out-of-date copy is worse than none.
Form NM4 Notice of Mortgagee Going Out of Possession Hong Kong
A mortgagee must file Form NM4 Notice of Mortgagee Going out of Possession Hong Kong when they cease to hold possession of a property subject to a registered charge. This statutory document is governed by the Companies Ordinance (Cap. 622) and serves as the counterpart to Form NM3, used when a mortgagee first takes possession. Filing Form NM4 closes the public record of the mortgagee's control and confirms the secured creditor has vacated the premises.
NM4 Notice Filing Hong Kong
The NM4 notice filing Hong Kong requirement arises under section 662 of the Companies Ordinance (Cap. 622). After taking possession and registering that fact with Form NM3, a mortgagee must notify the Companies Registry when possession ends. Deliver the form to the Registry within 28 days of the date the mortgagee ceases to be in possession. Failure to file within this period is an offence under the Ordinance and may result in a fine.
File the form at the Companies Registry, either on paper or through the e-Services portal. The NM4 filing updates the public register of charges to show the mortgagee is no longer in possession. This ensures anyone searching the company's records sees the current status of the property.
Mortgagee Ceasing Possession Hong Kong
When a mortgagee ceasing possession Hong Kong occurs, the secured creditor must complete Form NM4 with these particulars:
- The name of the company that granted the charge
- The date the mortgagee ceased to be in possession
- A description of the property, including its address and any identifying details
- The date the mortgagee originally took possession (as recorded on Form NM3)
- The name and address of the mortgagee
The mortgagee or their authorised representative must sign the form. If the mortgagee is a corporation, a director, the company secretary, or another authorised officer may sign. The Companies Registry does not require a certified true copy of any supporting document for this filing, but the mortgagee should keep a copy of the completed form in their own records.
Form NM4 Companies Registry Guide
The Form NM4 Companies Registry guide is on the Registry's website at the specified forms index (cr.gov.hk/en/forms/specified.htm). It details the statutory basis for the form, the information required in each field, and the filing procedures. The form must be filed within 28 days of the cessation of possession. No fee is payable for filing Form NM4. The form can be submitted electronically through the e-Services portal or by post or in person at the Companies Registry. The Registry will update the public register of charges once the form is accepted.
Form NM4 is part of a series of forms relating to charges and possession. Other forms in this series include NM1 (Statement of Particulars of Charge), NM2 (Notification of Payment, Satisfaction of Debt or Release from Charge), NM3 (Notice of Mortgagee Going into Possession), NM5 (Notice of Appointment of Receiver or Manager), NM6 (Notice of Cessation of Appointment of Receiver or Manager), and NM7 (Notice of Change in Particulars of Receiver, Manager or Mortgagee in Possession).
Relationship Between Form NM3 and Form NM4
Form NM3 and Form NM4 are directly linked. A mortgagee who filed Form NM3 to record their entry into possession must file Form NM4 when they leave. The two forms together provide a complete timeline of the mortgagee's control over the property. The Companies Registry expects every Form NM3 will eventually be followed by a Form NM4, unless the charge is satisfied or released while the mortgagee is still in possession (in which case Form NM2 would be used instead).
The date of cessation of possession on Form NM4 should match the date the mortgagee physically vacated the property and gave up control. If the mortgagee transferred possession to a receiver or manager, that event is recorded using Form NM5, and the mortgagee's own possession ends on the date of that transfer.
Filing Form NM4 Through the E-Services Portal
Electronic filing of Form NM4 is available through the Companies Registry's e-Services portal. To use the portal, the filer must have a registered account and a digital certificate. The portal guides the user through the form fields and validates the information before submission. Once submitted, the Registry processes the form and updates the public register. The filer receives an acknowledgement of receipt.
Electronic filing is faster than paper filing and reduces the risk of errors. The Registry recommends electronic filing for all specified forms, including Form NM4.
Keeping Company Records After Filing
After filing Form NM4, the mortgagee should ensure the company's own records are updated. The company's register of charges, kept at its registered office, must reflect the cessation of possession. The company secretary is responsible for maintaining these records and ensuring their accuracy.
If the company has a branch register of debenture holders or a branch register of members, those records may also need updating if the charge related to debentures or shares. The mortgagee should consult the company's articles of association and any relevant agreements to confirm the full scope of the record-keeping requirements.
Practical Considerations for the Mortgagee
When a mortgagee goes out of possession, they should confirm vacant possession has been returned to the company or a new owner. The mortgagee should also ensure any security arrangements, such as locks or alarms, are removed or transferred to the company's control. Retain a copy of the completed Form NM4 and any correspondence with the Companies Registry for your own records.
If the mortgagee is a bank or other financial institution, they may have internal procedures for documenting the cessation of possession. Follow these procedures in addition to the statutory filing requirements.
Summary of Key Points
- Form NM4 must be filed within 28 days of the mortgagee ceasing to be in possession
- The form updates the public register of charges at the Companies Registry
- No fee is payable for filing Form NM4
- The form can be filed electronically or in paper form
- The mortgagee should keep a copy of the completed form for their records
- The company's register of charges should be updated to reflect the cessation of possession
How to fill out Form NM4
Page one of the official form. Every field named below appears on it in the same order.
1 公司名称 Company Name
Enter the full name of the company that owns the property. The name must be exactly as shown on the Certificate of Incorporation.
2 承按人或承押记人的名称 Name of Mortgagee or Chargee
Enter the full name of the mortgagee or chargee (the lender or secured party) who is going out of possession. This is the person or entity named in the charge document.
3 承按人或承押记人行使财产管有权所根据的押记 Charge under which Mortgagee or Chargee Entered into Possession of the Property
- 押记描述 Description of Charge: Describe the charge (e.g., mortgage, debenture, floating charge) under which the mortgagee took possession. Reference the original charge document.
- 设立日期 Date of Creation: Enter the date the charge was created. Format: DD/MM/YYYY. This date must match the date on the registered charge (Form M3 or NM3).
4 A. 行使财产管有权的日期 Date of Entering into Possession of Property
Enter the date the mortgagee first took possession of the property. Format: DD/MM/YYYY. This date must match the date stated in Form M3 or NM3 (the notice of entry into possession).
4 B. 不再管有财产的日期 Date of Going out of Possession of Property
Enter the date the mortgagee ceased to be in possession. Format: DD/MM/YYYY. This is the key date: the form must be delivered to the Registrar within 7 days after this date (see Note 1 of the filing instructions).
5 承按人或承押记人不再管有的财产的描述 Description of Property in respect of which the Mortgagee or Chargee has Gone out of Possession
- A. 房地产业 Landed Property: Enter the full address of the property. Include street name, number, building, district, and lot number if known. The description must match the property charged.
- B. 其他类别的押记财产 Other types of property charged: For non-landed property (e.g., shares, machinery, intellectual property), provide a clear description (e.g., "1,000 ordinary shares in ABC Ltd").
If space is insufficient, use the Continuation Sheet (the separate page titled "NM4 Continuation Sheet") and enter the total number of continuation sheets in the box "本通知书所包括的续页数目 Number of Continuation Sheet(s) included in this Notice".
签署 Signed
Who signs: The mortgagee or chargee named in Section 2. If the mortgagee is a company, it must be signed by a director, company secretary, or authorized representative. If the mortgagee is an individual, they must sign personally or by their authorized representative. Delete as appropriate: delete "Director", "Company Secretary", or "Authorized Representative" to show the signer's capacity.
Date: Enter the date of signing. Format: DD/MM/YYYY.
Name: Print the full name of the signer.
商业登记号码 Business Registration Number
Enter the 8-digit business registration number (BR number) from the company’s Business Registration Certificate issued by the Inland Revenue Department. Do not include the hyphen or the digits after it. For companies incorporated or registered on or after 27 December 2023, the Certificate of Incorporation or Re-registration Certificate may display the same BR number as its reference number.
提交人资料 Presentor's Reference
Optional: provide name, address, phone, fax, email, and reference for correspondence. This is for the filer’s convenience, not for the official record.
Download the current form — always file the version on the issuing authority's site, not a copy.
Sources
More on the forms library.