How to Search Hong Kong Company Name Availability Before You Incorporate

Hong Kong Company Name Search Before Incorporation

Incorporating a private company limited by shares in Hong Kong begins with the name, not Form NNC1. The Companies Registry’s online index tells you whether that name is available. The search is free and practically mandatory, but it does not reserve the name.

How to Check Company Name Availability Hong Kong

Use the Companies Registry’s Integrated Companies Registry Information System (ICRIS) at www.icris.cr.gov.hk. The search covers the index of company names: every registered company, every registered non-Hong Kong company, and every name reserved but not yet incorporated.

Enter the proposed name exactly as you intend to register it. For an English name, that means the full string, including “Limited” or “Company Limited”. For a Chinese name, search the characters in traditional Chinese. The system returns existing names that match or resemble your entry. No exact match means the name is likely available, but you must still consider whether it is “too similar” to an existing name. The Registrar can and does reject names that pass an exact-match test but fail the similarity test.

Companies Registry Name Search

The Companies Registry maintains the index of company names under section 31 of the Companies Ordinance (Cap. 622). It is updated daily. Names of companies that have been struck off or dissolved remain on the index. They may become available again after a period.

The index distinguishes between English names and Chinese names. A company may register with an English name, a Chinese name, or both. If you intend to register both, search each separately. The Registrar checks each name against the index independently. Passing one does not mean the other will pass.

Hong Kong Company Name Index

The index is the complete record of all company names registered under Cap. 622. It includes active companies, dormant companies, and companies in the process of striking off. Reserved names also appear, even though reservation is optional.

Search by exact name, partial name, or business registration number. For a thorough check, search variations: abbreviations, alternative spellings. The Registrar may reject a name that is not identical but is “too similar” to an existing entry. A search that takes two minutes can prevent a rejection that costs weeks.

Hong Kong Company Name Registration Rules

Sections 31 to 34 of Cap. 622 set out the rules. The Registrar will not register a name that falls into any of these categories:

• Same as existing name: The name is identical to one already on the index. Names differing only by punctuation, spacing, or the presence or absence of “Limited” or “Company Limited” count as identical.
• Too similar: The name is so similar to an existing name that it is likely to cause confusion. The Registrar may direct a change even after the Certificate of Incorporation has been issued.
• Criminal offence: Using the name would constitute a criminal offence.
• Offensive name: The name is offensive or contrary to public policy. The Registrar has discretion to refuse names that are obscene, defamatory, or otherwise objectionable.
• Government connection: Names suggesting a connection with the Hong Kong government, the Central People’s Government, or any government department require consent. Words such as “Bureau”, “Department”, “Government”, or “Authority” may trigger this requirement.
• Consent required: Certain words require written consent from the relevant authority before the name can be registered. These include “Bank”, “Insurance”, “Trust”, “University”, “Chamber of Commerce”, and others specified in the Companies Registry’s guidelines.

The Registrar may later direct a company to change a name found to be too similar. The direction specifies a period for compliance. Failure to comply can result in a penalty and, ultimately, striking off.

What Happens After the Name Search

A name search is not a reservation. The Companies Registry does not hold the name. Another person could incorporate a company with that name before you file Form NNC1. To secure a name before filing, submit a name reservation application on Form NNC2. That reserves the name for 60 days. It is optional. It is advisable if you are not ready to file the full incorporation documents immediately.

When you file Form NNC1, the Registrar checks the name again. If the name has become unavailable in the meantime, the application is rejected. You must submit a new Form NNC1 with a different name. Do not assume availability persists from search to filing.

After Incorporation: Changing a Name

The Certificate of Incorporation and the Business Registration Certificate fix the company name. If the name is later found to be too similar to an existing one, or if the Registrar directs a change, file a special resolution and Form ND2A. The Registrar may also direct a change if the name was registered without the required consent.

The company’s registered office and directors must ensure the name is used correctly on all business documents, contracts, invoices, the company’s website. A name too similar to an existing company exposes the company to legal action for passing off or trademark infringement. The risk is not theoretical.

Practical Tips for a Successful Name Search

• Search the index using the ICRIS system before preparing incorporation documents.
• Check both English and Chinese names if you intend to register both.
• Avoid restricted words unless you have obtained the necessary consent.
• Consider whether your proposed name could be considered too similar to an existing name, even if it is not identical.
• If you are unsure, consult a professional who regularly files incorporation documents with the Companies Registry.

A thorough name search reduces the risk of rejection. It avoids the cost and delay of changing the name after incorporation.