Yes, there are certain restrictions on determining a company name.
Generally, a company name cannot be identical to any of the following conditions:

1. The name is identical to a name appearing in the “Company Name Index” maintained by the Registrar of Companies (“the Registrar”);
2. The name is identical to the name of a legal entity established under an ordinance;
3. The Registrar considers that the name would constitute a criminal offence;
4. The Registrar considers the name offensive or contrary to the public interest for other reasons.

Furthermore, if the company includes any of the following statements, special approval from the Registrar must be obtained:
1. Wording specified in the Companies (Words used in Company Names) Order (Chapter 622A);
2. Wording that suggests a connection with the Central People’s Government or other central departments or agencies;
3. Wording that suggests a connection with the Government of the Hong Kong Special Administrative Region or any of its departments or agencies.

Answer: No. According to Section 102 of the Companies Ordinance, a company name must end with “Limited” or “有限公司”. Therefore, other forms such as “Corporation”, “Inc.” or “LTD” (an abbreviation of “Limited”) cannot be used.

Answer: Yes. Under Section 103 of the Companies Ordinance, a company may apply for a licence to dispense with the words “有限公司” and “Limited” in its name. However, the body must be an association intended to be formed as a limited company and must satisfy and prove to the Registrar the following:

1. The purpose of forming the company is to promote commerce, art, science, religion, charity, or any other useful object;
2. The organisation intends to use the company’s profits or other income to promote its objects; and
3. The organisation intends to prohibit the payment of dividends to its members.

Answer: To check availability, a name search must be conducted on the proposed company name.启源 can assist with conducting a search on the proposed company name. Please feel free to contact us for details if needed.

Answer: The available languages are limited to Traditional Chinese and English, and certain symbols designated by the Companies Registry. However, Simplified Chinese cannot be used in a company name.

Answer: Yes. A company can have only a Chinese name, only an English name, or both a Chinese and an English name.

Answer: No. Even though a company is allowed to use both Chinese and English in its name, a name that is a hybrid combination of Chinese and English characters will be rejected.

Answer: Yes, but it is only permitted for companies belonging to the same group. If the name swap is accepted by the Companies Registry, both companies will be issued a “Certificate of Change of Name” on the same date.

Answer: Failure to comply with a name change directive issued by the Registrar of Companies may result in the offending company and/or its officers being prosecuted, with a maximum penalty of a HK$100,000 fine. A daily default fine of HK$2,000 may be imposed for continued default. Furthermore, the Registrar may change the company name to its company registration number.

Answer: To change a company name, the company should first check the availability of the proposed name. If you are interested in changing your company name, please feel free to contact us.