Hong Kong Company Names: Restricted Words, How to Search, and How to Change One

At a glance

Which words are not allowed?

Broadly three categories:

1. Words suggesting a connection with government. “Government”, “Department”, “Bureau”, “Commission”, “Council”, “Authority”, “Federation” and the like. The reason is straightforward — the public must not be misled into thinking the company is connected to government. Names of this kind are generally refused.

2. Words from regulated industries. Bank, Insurance, Trust and so on. Not absolutely prohibited, but they require the relevant regulator’s consent first. Filing without that consent gets the name refused.

3. Names identical to an already-registered company. The most common reason for refusal, and entirely avoidable — one search tells you.

One more point: even once a name is approved, it does not give you trade mark rights. A company name and a trade mark are separate things, applied for and protected separately. If your brand matters, trade mark registration is a separate exercise after the name is approved.

How do you check whether a name is taken?

The Companies Registry provides an online search of the Company Names Index, open to anyone.

Some practical tips when searching:

• Do not search only the exact name. Names that are too similar are also refused, so try the near variants (with and without “The”, singular and plural, traditional and simplified spellings).
• Search Chinese and English separately. No clash in English does not mean no clash in Chinese.
• Include dissolved companies. Some names may still be refused for a period even after the company has gone.
• Have one or two backups ready. The most practical tip of all — if the first is refused you do not have to start over.

What are the rules on Chinese and English names?

You can have just one. Chinese only, English only, or both. There is no requirement to have a Chinese name.

A Chinese name must use traditional characters. Simplified characters cannot be registered.

An English name must end in Limited (for a limited company). A Chinese name correspondingly ends in 「有限公司」.

The most commonly tripped rule: the two cannot be mixed. You cannot register 「ABC 科技有限公司」 — that is a mixed Chinese-English name and will be refused. The correct approach is to register “ABC Technology Limited” and 「ABC 科技有限公司」 as two separate names.

What if the name is refused?

Not the end of the world, but it has to be dealt with.

If the Registry considers the name unusable, it notifies you. While the company is not yet incorporated, you can simply resubmit with a different name.

The more troublesome case is the other one: the company has already been incorporated, and the Registry subsequently considers the name too similar to a registered one. It can direct you to change it within a specified period, and not doing so carries legal consequences.

Which is why searching beforehand is not over-preparation. It saves a great deal of work later — business cards, signage, website, contracts and bank account all have to change.

How do you change the name after incorporation?

The procedure itself is not complicated:

1. Pass a special resolution of the shareholders adopting the new name
2. File the prescribed form with the Companies Registry within the statutory period, together with the resolution
3. The Registry approves and issues a Certificate of Change of Name
4. Use the new certificate to update the business registration certificate, the bank, contracts and so on

How long? Depending on the review and how it is filed, generally a few business days to a few weeks. Thorough searching beforehand is what makes it fast.

Who has to be told after a change of name?

This is in fact the slow part — changing the name is quick; the tidying up afterwards is not.

At minimum:

• The IRD (updating the business registration certificate)
• Your bank (account name, cheque book, online banking)
• Customers and suppliers (invoice details, contracts)
• Licensing authorities (if your business is licensed)
• The MPF trustee (if you have employees)
• The company’s own material: seals, company documents, website, business cards, signage

One thing you can be relaxed about: a change of name does not affect the company’s legal identity. It is the same company — contracts signed, debts owed and assets held under the old name all remain valid, and nothing needs re-signing.

If your company already has a company secretary, most of these filings and follow-ups are handled for you.

Search before you settle on a name

Most of the trouble around company names starts with not checking at the outset. Ten minutes of searching saves months of clearing up.

Want to set a company up without getting stuck at the name? Get started, or talk to us first.

The rules described here are governed by the Companies Registry’s Guideline on Registration of Company Names and its latest published guidance. Approval requirements for industry-specific words should be confirmed with the relevant regulator.