Form NM6 Notice of Cessation of Appointment of Receiver Hong Kong

Form NM6 Notice of Cessation of Appointment of Receiver Hong Kong

Form NM6 records the end of a receiver or manager’s appointment over a company’s property. This statutory filing updates the public register maintained by the Companies Registry, closing the record opened by the appointment notice on Form NM5. An accurate register is essential for anyone searching the company’s charge and receivership history.

When to File Form NM6

File Form NM6 when a receiver or manager ceases to act. Cessation occurs when the receiver’s duties are complete, they are discharged by court or creditor, they resign, or a new receiver is appointed. The duty to file rests with the person who has vacated the office. If the receiver dies, their personal representatives must file. The obligation to file persists even if the receiver’s appointment was for a specific task that has concluded, as the public register will not otherwise reflect the change in status.

NM6 Cessation Notice Hong Kong

The cessation notice must state the company name, its registered number, and the date the receiver vacated office. It must also include the full name and address of the filer and their capacity, for example, former receiver or personal representative. The filer must sign the notice. While a liquidator may ensure the filing is recorded during a liquidation, the primary obligation remains with the receiver. If the cessation is due to a court order, attaching a copy of the order to the filing can prevent queries from the Registry.

Receiver Manager Cessation Filing

Filing Form NM6 is a crucial final step. Failure to file leaves the register showing an active receivership, creating confusion for creditors and potential buyers. This can lead to difficulties for the company in securing financing or completing transactions, as third parties may assume the receiver still controls the charged assets. The receiver should also notify the company so its internal records match the public register. The company itself does not file Form NM6 but must update its own charge register.

Form NM6 Hong Kong Companies Registry

Form NM6 is a specified form under the Companies Ordinance (Cap. 622). The Companies Registry provides the form for paper or electronic filing via its e-Services portal. The form requires only the basic cessation particulars. There is no fee to file Form NM6. The filer should always check the Registry’s website for the current fee schedule, as fees are subject to change. The Registry may return a form for correction if the information is incomplete or inconsistent with its records, such as a company name that does not match the register.

Relationship to Form NM5

Form NM5 records a receiver’s appointment. Form NM6 records its end. Together, they create a complete timeline of the receivership on the public register. The Registry links the filings by the company’s registered number, showing the appointment date from Form NM5 and the cessation date from Form NM6. If a receiver is replaced, a new Form NM5 is filed for the appointee and a Form NM6 for the outgoing receiver. This sequence is vital for establishing a clear chain of control over the company’s assets, especially where multiple receivers have been appointed over time.

Statutory Deadline for Filing

The Companies Ordinance sets no specific deadline for filing Form NM6. File promptly after vacating office to keep the register accurate. The Registry may reject a filing filed significantly after the cessation date without a reasonable explanation. In practice, file within a few weeks. A significant delay may require the filer to provide a written explanation for the lateness, and the Registry retains discretion to refuse the filing if the delay is unreasonable and compromises the integrity of the register.

Filing Through the E-Services Portal

File Form NM6 electronically through the Companies Registry’s e-Services portal. You will need a registered user account and a digital certificate to sign the submission. The portal guides you through the form and validates the information before submission. Paper filing is also available. Deliver the completed form to the Registry’s office at Queensway, Hong Kong. The Registry will stamp the form and return a certified true copy on request. Errors in electronic submissions are flagged immediately, whereas paper filings may take longer to process and be returned if incorrect.

Updating Company Records

After filing, ensure the company updates its own records. Its register of charges must reflect the cessation, and a copy of the filed Form NM6 must be kept at the registered office for inspection. The company secretary, who maintains the statutory records, should obtain a copy from the receiver and file it. Failure to update the internal register of charges is a breach of the company’s statutory obligations and can result in penalties, even though the public register has been updated by the receiver’s filing.

Practical Considerations

Retain a copy of the filed Form NM6 for your records. This is evidence you have properly vacated office and fulfilled your obligations. You may also need to provide a copy to the appointing secured creditor. If a court order removed the receiver, the order may need to be filed with Form NM6. The Registry can advise on specific requirements. This filing formally concludes the receiver’s involvement and aligns the public record with the true position. In complex cases, such as where the receiver’s duties are disputed, seeking legal advice before filing is prudent to ensure the cessation particulars are accurate and do not prejudice any party.