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How to Choose an Appropriate Company Name in Hong Kong?
Choosing the right name for your new company is one of the most crucial steps in the business incorporation process. In Hong Kong, as in many global jurisdictions, a proposed company name is required before forming a limited liability company. Your company name not only defines your brand identity but must also comply with the Companies Registry’s naming rules and restrictions.
This guide will walk you through everything you need to know about selecting an appropriate company name in Hong Kong, from understanding naming formats and legal restrictions to conducting a name availability check and making name changes when needed.
Whether you’re brainstorming ideas or using a Hong Kong company name generator, this overview will help you choose a name that aligns with both your brand and regulatory standards.
Legal and Procedural Requirements for Naming a Company in Hong Kong
When selecting your Hong Kong company name, it’s essential to comply with the legal and procedural requirements set by the Companies Registry (CR). Below are the key rules every business owner should be aware of:
1. Language Options
- Your company name may be registered in English, in Traditional Chinese, or in both languages.
- Mixing English and Chinese characters within a single company name is not permitted.
- The Companies Registry does not accept Simplified Chinese characters.
2. Proper Ending Designation
- An English company name must end with the word “Limited” (abbreviations such as “Ltd.” are not allowed).
- A Chinese company name must end with the characters “有限公司” to indicate limited liability status.
3. Uniqueness and Availability
To avoid rejection during registration, your proposed company name must be unique and not too similar to an existing one. The Companies Registry considers the following factors when assessing similarity:
- Phonetic resemblance (names that sound alike).
- Visual similarity (minor spelling or spacing differences).
- Generic terms such as “Services,” “Group,” or “International” are not sufficient to differentiate your name.
- Names currently under application or pending registration are also unavailable.
4. Checking for Availability
Before finalising your company name, ensure it meets all availability and trademark standards:
- Use the Companies Registry’s Cyber Search Centre to perform an Exact Name Search. Be sure to include the full company name, spacing, punctuation, and the “Limited” ending.
- Conduct a trademark search via the Intellectual Property Department (IPD) to confirm that your chosen name doesn’t infringe on any registered trademarks.
- Verify the availability of your company’s domain name and relevant social media handles to ensure brand consistency.
5. Prohibited and Restricted Names
Specific names are prohibited or restricted under Hong Kong law:
- Prohibited names: Those that are offensive, misleading, suggest unlawful activity, or imply an association with the Hong Kong or Mainland Chinese government.
- Restricted names: Specific terms such as “Trust,” “Trustee,” “Kaifong,” or “Chamber of Commerce” require prior written approval from the Companies Registry before use.
When examining a proposed company name (Hong Kong company name ideas generated by a Hong Kong company name generator), be cautious to ensure that your proposed company name will not end up in a dispute or complaint due to similarity to an existing company name or Hong Kong company name format.
Registration of Company Name for Non-Hong Kong Company
A non-Hong Kong company refers to a company incorporated outside of Hong Kong that sets up a place of business in Hong Kong. The company must apply to the Registrar of Companies for registration as a registered non-Hong Kong company within one month of establishing its place of business.
1. General requirements:
In such a case, a certified translation of the domestic name in English, Chinese, or both will be entered.
2. Registration of a certified translation of a domestic name:
- Non-Hong Kong companies may register a certified translation of their domestic name in English, Chinese, or both.
- It is recommended that the company first register its domestic name with its place of incorporation to streamline registration in Hong Kong.
Proper registration ensures the non-Hong Kong company’s name is legally recognized, enabling smooth operations and compliance within Hong Kong.
Some company names, including proposed name changes, need prior approval from the Registrar. Applications are submitted in writing to the New Companies Section.
Names requiring approval include:
- Government-Linked Names: Names suggesting a connection with the HKSAR Government, Central Government, or their departments. Words like “Department,” “Commission,” “Council,” or “Authority” are generally restricted.
- Restricted Expressions: Names containing certain sensitive or designated words under the Companies Ordinance.
Getting company name approval before registration ensures compliance and avoids delays.
Company Name Search on Hong Kong company name ideas
To rule out the possibility of duplication or having a similar company name (as the existing companies), you will need to run a name search (on your Hong Kong company name ideas) free of charge via:
Company Name Change
If you intend to change the company name after incorporation, the company name can be changed by a special resolution. The company must submit to the Registrar a notice of the company name change for registration under Section 107(2) of the Companies Ordinance within 15 days after the date of passing the special resolution.
Under section 622 of the Companies Ordinance, the requirement to deliver a copy of the special resolution to the Registrar for registration does not apply to cases of company name change.
Please note that the Registrar does not require the delivery of a notice of alteration of articles and a certified copy of articles (as altered under section 88(5) of the Companies Ordinance) about a company name change.
Restoration of a Company Name
In the event of company restoration (a company is restored to the Companies Registrar after dissolution), the restored company will be registered under the same name it was registered under before its dissolution.
That said, within 12 months of company restoration, the Registrar may direct the company to change its name by notice in writing, within the period specified in the notice, if the name appears to be similar or has appeared in the Index of Company Names, or it is identical to the name of a body corporate incorporated or established under an Ordinance.
Naming your new company is not an easy task without proper guidance and research. If you require further information about company name registration in Hong Kong, please don’t hesitate to contact us.