Form NNC4 for Notice of Court Order Restraining a Hong Kong Company from Name Use

Form NNC4 Court Order Restraining Name Use Hong Kong

The Form NNC4 Court Order Restraining Name Use Hong Kong is a statutory form prescribed under the Companies Ordinance (Cap. 622) for filing a court order that prohibits a company from using its registered name. When the High Court issues an injunction restraining a company from using a name that infringes on another party's rights, the applicant must deliver a certified true copy of that court order to the Companies Registry using Form NNC4. This filing ensures the restriction appears on the public record and binds the company going forward.

Purpose of Form NNC4

Form NNC4 serves to register a court order that restrains a Hong Kong company from using its name. The Companies Ordinance (Cap. 622) gives the court power to make such an order where a company's name is misleading, offensive, or infringes on another person's intellectual property rights. Once filed, the order becomes part of the company's public record, and the Registrar will note the restriction against the company's name. The company must then comply with the order, which typically requires it to change its name within a specified period.

When a Court Order Restrains a Company Name

A court order restraining name use arises from a dispute where a party objects to a company's registered name. Common grounds include the name being identical or too similar to an existing trademark, business name, or company name. The aggrieved party may apply to the High Court for an injunction. If the court grants the order, it will specify the terms of the restraint, including any deadline for the company to adopt a new name. The applicant must then file Form NNC4 to give effect to the order at the Companies Registry.

Filing Requirements for Form NNC4

The filing requirement for Form NNC4 is straightforward but must be completed correctly. The form requires the following information:

• The company's name and company number as registered with the Companies Registry
• The case reference number of the court proceeding
• The date of the court order
• The name of the court that issued the order (typically the High Court)
• The applicant's details

A certified true copy of the court order must accompany the form. The certification confirms the copy is a true reproduction of the original court document. The Companies Registry will not accept an uncertified copy.

NNC4 Form Hong Kong: Where to File

The NNC4 form Hong Kong is filed with the Companies Registry. The Registry accepts both paper filing and electronic submission through its e-Services portal. For paper filing, deliver the completed form and the certified true copy of the court order to the Companies Registry's office at Queensway, Hong Kong. For electronic filing, upload the form and the court order through the e-Services portal at https://www.eregistry.gov.hk/. The Registry does not charge a filing fee for Form NNC4, but the applicant bears the cost of obtaining the certified true copy from the court.

Court Order Company Name: Effect on the Public Record

Once the court order company name is filed using Form NNC4, the Companies Registry updates the company's public record to show the restraint. This means anyone searching the company's name on the Companies Registry's online database will see that a court order restricts its use. The company cannot rely on its registered name for business dealings until it complies with the order, typically by changing its name and filing Form NNC2 (Notice of Change of Company Name). The restraint remains on the record until the company resolves the matter.

Restraining Name Use: Legal Basis

The legal basis for restraining name use is found in the Companies Ordinance (Cap. 622). Section 662 gives the court power to direct a company to change its name if the name is the same as or too similar to a name appearing on the Registrar's index of company names. Section 663 allows the court to order a name change if the name gives so misleading an indication of the company's activities as to be likely to cause harm to the public. An injunction under these provisions is the mechanism for enforcing the restraint, and Form NNC4 is the vehicle for recording it.

Form NNC4 Filing: Steps to Complete

To complete a Form NNC4 filing, follow these steps:

1. Obtain a certified true copy of the court order from the High Court registry.
2. Download Form NNC4 from the Companies Registry's specified forms index at https://www.cr.gov.hk/en/forms/specified.htm.
3. Complete the form with the company's details and the court order information.
4. Attach the certified true copy of the court order.
5. File the form and the court order with the Companies Registry either in person or through the e-Services portal.

The Registry will process the filing and update the company's record. The company then has the period specified in the court order to change its name.

Name Dispute and Company Name Objection

Form NNC4 is the final step in a name dispute or company name objection that reaches the court. Before court action, a party may object to a company name through the Companies Registry's administrative process, but if that fails, the matter proceeds to the High Court. The court order filed using Form NNC4 resolves the dispute by compelling the company to adopt a new name. The form therefore plays a critical role in enforcing intellectual property rights and preventing deceptive or misleading company names in Hong Kong.

Companies Registry and Form NNC4

The Companies Registry maintains the register of company names and ensures compliance with court orders. When it receives Form NNC4, the Registry records the restraint and may take further action if the company does not comply with the court order within the specified time. The Registry's role is administrative: it does not adjudicate name disputes but gives effect to court decisions. The specified forms index on the Registry's website lists Form NNC4 as the correct form for this purpose.