Hong Kong company name rules: endings, bans and search

A Hong Kong company can be registered with an English name, a Chinese name, or one of each. The English name must end with the word “Limited” and the Chinese name with 有限公司, and a single name may not mix English words or letters with Chinese characters. The Companies Registry will not register a name that is the same as one already on its Index of Company Names. These rules come from the Registry’sGuideline on Registration of Company Names, in force since 3 March 2014, and itscompany-name FAQ. Check them before you pay for incorporation, because the Registry does not reserve names.

The basic format

• Languages. English only, Chinese only, or both. If you have both, they are two separate names.
• No mixed names. A name that combines English words or letters with Chinese characters is not allowed. “ABC 貿易有限公司” fails on this rule.
• Endings. An English name ends with “Limited”. A Chinese name ends with 有限公司.
• Script. The Chinese name of a local company must be in traditional Chinese characters, not simplified.

Names the Registrar will not register

Under the Guideline, a company name will generally not be registered if:

• it is the same as a name on the Index of Company Names kept by the Registrar;
• it is the same as the name of a body corporate incorporated or established under an Ordinance;
• in the Registrar’s opinion, its use would be a criminal offence; or
• in the Registrar’s opinion, it is offensive or otherwise contrary to the public interest.

Getting registered is not the end of it. The Registry’schange-of-name pagesays the Registrar may direct a company to change its name, for example if the name is too like a name already registered, or if a court order restrains the company from using it. A company that receives a direction must change its name and file Form NNC2 within the period the direction sets.

When two names count as “the same”

“The same as” is wider than letter-for-letter identical. When comparing names, the Registry disregards:

• “The” when it is the first word, so “The ABC Limited” is the same as “ABC Limited”;
• the ending words “company”, “and company”, “company limited”, “and company limited”, “limited”, “unlimited” and “public limited company”, and their abbreviations;
• the ending characters 公司, 有限公司, 無限公司 and 公眾有限公司;
• the type or case of letters, spaces between letters, accent marks and punctuation, so “A-B-C Limited” is the same as “a b c Limited”.

“Hong Kong”, “Hongkong” and “HK” are also treated as the same. The Guideline’s own example pairs Kwun Tong Engineering Limited with Kwun Tong Engineering Company Limited: the same name. Adding “Company”, dropping “The” or swapping “Hong Kong” for “HK” will not get you past a name that is already on the Index.

Words that need the Registrar’s approval

Two kinds of name need the Registrar’s approval before they can be registered:

• A name containing a word or expression listed in the Companies (Words and Expressions in Company Names) Order (Cap. 622A): chamber of commerce, kaifong, levy, savings, tourist association, tourist board, trust and trustee.
• A name that, in the Registrar’s opinion, would be likely to give the impression that the company is connected in any way with the Central People’s Government, the Government of the Hong Kong Special Administrative Region, or any department or agency of either.

The list is short, but “trust” and “savings” turn up in ordinary brand ideas. If a word in your name describes a regulated business, also check whether another Ordinance restricts it. The Registrar refuses a name whose use would be a criminal offence.

How to check a name before you file

1. Search free of charge on e-Search in the Registry’se-Services Portal, or at the e-Services Centre on the 13th floor of Queensway Government Offices, 66 Queensway.
2. Choose “Exact Name Search” and enter the full name you intend to register, including spaces, punctuation and the ending (“Limited”, 有限公司).
3. Type a Chinese name in traditional characters. Simplified characters or another language can return “no matching record found” even when a match exists.
4. Search the variants the Registry ignores: with and without “The”, with “Company” added, and with “HK” in place of “Hong Kong”.
5. Read the result for what it is. Exact Name Search shows the current names of live companies that match your input exactly. A similar name it does not show could still lead to a “too like” direction later.

There is no name reservation

The Registry has no provision for reserving a company name, so a clear search today does not hold the name for you. Its FAQ advises paying the fees as soon as the submission result of your e-incorporation application is displayed; otherwise another applicant may register the same name first. The steps for filing are inhow to incorporate a Hong Kong company.

Changing the name later

After incorporation, a new name needs a special resolution of the members. The company then delivers Form NNC2, Notice of Change of Company Name, within 15 days after the resolution is passed, online through the e-Services Portal or on paper. The fee is HK$295. The resolution and the altered articles do not need to be delivered. The new name takes effect on the date the Certificate of Change of Name is issued, which the Registry says it does within 4 working days. The full process is inchanging a Hong Kong company name.

Company name or business name

These rules are for limited companies. A sole proprietorship registers a business name with the Inland Revenue Department under different rules, and must not use “Limited” at all. Seesole proprietorship business name rules. If you want a firm to run the search and file the incorporation, our list ofcompany formation firmsis a place to compare, andchecking a TCSP licenceshows how to confirm one is licensed. The Registrar decides whether a name is registered, and none of this is legal advice.