Company Struck off
Section 291 of the Companies Ordinance provides that the Registrar of Companies may strike a company off the Register of Companies if he has reasonable cause to believe that the company is not carrying on business or is not in operation.
Very often, due to administrative inadvertence, a private company may have failed to file annual returns and thus the relevant filing fees were not paid.
Also, a company itself may apply it to be struck off for various reason, e.g. cease of use.
The Application to Restore
If a company has been struck off voluntarily or by the Registrar, an application
may be made to the Hong Kong High Court under section 291(7) of the Companies Ordinance:
- a shareholder or
- a creditor of the company or
- a person who feels aggrieved by the deregistration.
The order made is called a restoration order by the Court and the company is back to the companies register.
Time limit to apply restoration
There is a time limit for the application. It has to be made at any time within 20 years of the date on which the company was struck off.