Form AD rectification of typographical clerical error

Form AD Rectification of Typographical Clerical Error

Form AD is the statutory mechanism under the Companies Ordinance (Cap. 622) for correcting mistakes in documents already registered with the Hong Kong Companies Registry. An error on a registered document remains part of the official record until the Registrar approves its correction. The process involves identifying the error, completing Form AD, and submitting the application to the Companies Registry.

When to Use Form AD

Form AD applies only to typographical errors and clerical errors, mistakes in the recording or transcription of information. These are not substantive errors of judgment or policy. A misspelt director's name, a transposed figure in a share capital entry, or an incorrect date on a registered charge are all examples. A factual error that changes the legal effect of the document may still qualify as a clerical error if it arose from a slip in recording rather than a deliberate misstatement.

The form cannot be used to correct an error that resulted from a failure to comply with the Companies Ordinance. If the original filing was procedurally defective, the remedy is a fresh filing or a court order, not Form AD.

Form AD Hong Kong Error Correction

An applicant must first identify the precise error before completing Form AD. The registered document must be one the Registrar has accepted and placed on the public record. Typical documents that may be corrected include the incorporation form (NNC1), annual returns (NAR1), notifications of change of director or secretary (ND2A), and statements of particulars of a charge.

The error must be one the Registrar has the power to correct under section 662 of the Companies Ordinance. The Registrar may correct a document if it contains a typographical or clerical error and the correction does not prejudice any person who has relied on the original entry. If the correction might affect third parties, the Registrar may require evidence that no prejudice arises.

Rectify Error Registered Document HK

To rectify an error on a registered document in Hong Kong, the applicant must file a completed Form AD with supporting evidence. The form requires the company name and registration number, a description of the document containing the error, the date of registration, and the precise location of the error. It must also state the correct entry and the grounds for approval.

The Companies Registry publishes Form AD on its website in PDF format. Complete it in English or Chinese and have it signed by a director or the company secretary. For a dissolved company, the application must be made by the Official Receiver or a person with a vested interest.

Form AD Companies Registry

Form AD at the Companies Registry must be submitted to the Registry's counter at the Queensway Government Offices or by post. The Registry does not currently accept Form AD through its e-Registry system. The application is not free; the prescribed fee is payable at submission. Confirm the current fee on the Registry's fee schedule before filing.

The Registrar will examine the application and may request more information. If satisfied the error is clerical and the correction is appropriate, the Registrar will issue a certificate of correction. The corrected document then replaces the original on the public record. The original remains in the Registry's internal file.

Correct Clerical Error Hong Kong

To correct a clerical error in Hong Kong, the applicant must provide supporting evidence with Form AD. The evidence should demonstrate the error was unintentional and resulted from a recording or transcription mistake. Accepted evidence includes a statutory declaration by the person who prepared the original document, copies of source documents showing the correct information, or a confirmation from the company secretary or director that the error does not affect the document's legal validity.

If the error relates to a document relied upon by a third party, such as a charge registered in favour of a bank, the Registrar may require that party's consent or evidence of notification.

Processing Time and Outcome

The Companies Registry does not publish a standard processing time for Form AD applications. Each case is assessed on its merits. Straightforward corrections with clear evidence may be processed within a few weeks. Complex cases involving third-party rights take longer.

If the Registrar refuses the application, the applicant may seek rectification by court order under section 662(5) of the Companies Ordinance. A court application is more costly and time-consuming and should be considered only if the Registry's decision cannot be addressed with further evidence.

Alternative Remedies

Form AD is the correct route only for typographical and clerical errors. If the document contains a substantive error, for example, an incorrect statement of share capital filed deliberately, the remedy is to file a new document that supersedes the original. A change of company name, for instance, is achieved by filing a special resolution and Form NNC2, not by correcting the original incorporation form.

Errors in business registration certificates are handled by the Inland Revenue Department, not the Companies Registry. A business registration certificate is not a registered document within the meaning of section 662.

Key Points to Remember

• Form AD is used exclusively for typographical and clerical errors in documents registered under the Companies Ordinance.
• The applicant must identify the exact error and provide supporting evidence.
• The Registrar will correct the document only if the correction does not prejudice any person who has relied on the original entry.
• The prescribed fee is payable at submission and should be confirmed on the Companies Registry's fee schedule.
• If the Registrar refuses the application, a court order is the alternative remedy.