### Building Management Ordinance 《建築物管理條例》

8. Incorporation
(1) The Land Registrar shall, if satisfied that the provisions of section 3, 3A, 4 or 40C and section 7(2) and (3) have been complied with, issue a certificate of registration in such form as may be specified by the Authority from time to time. (Amended 8 of 1993 s. 3; 27 of 1993 ss. 10 & 42; 69 of 2000 s. 9)
(1A) The Land Registrar shall not issue a certificate of registration to more than one corporation for a building in respect of which a deed of mutual covenant is in force. (Added 5 of 2007 s. 11)
(2) With effect from the date of issue of the certificate of registration under subsection (1)—
(a) the owners for the time being shall be a body corporate with perpetual succession and shall in the name of the corporation specified in the certificate of registration be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer; (Amended 52 of 1975 s. 2)
(aa) the corporation shall have, and be deemed always to have had, the power to hold an undivided share in the building, together with the right to the exclusive possession of any part of the building other than the common parts thereof; and (Added 52 of 1975 s. 2)
(b) the management committee appointed under section 3, 3A, 4 or 40C shall be deemed to be the first management committee of the corporation. (Amended 27 of 1993 s. 10; 69 of 2000 s. 9)
(3) A corporation shall have a common seal, the affixing of which shall be authenticated by the signature of the chairman and secretary of the management committee.
(4) A corporation shall have a registered office in Hong Kong. (Amended 27 of 1993 s. 10)
(5) Schedule 3 shall have effect with respect to the meetings and procedure of a corporation. (Amended 5 of 2007 s. 46)

9. Undesirable names
No corporation shall be registered by a name which, in the opinion of the Land Registrar, is undesirable.
(Amended 8 of 1993 s. 3)[cf. 1948 c. 38 s. 17 U.K.]

### Building Management Ordinance 《建築物管理條例》

10. Change of name
(1) At a general meeting of a corporation convened and conducted in accordance with Schedule 3 for the purpose, the corporation may— (Amended 5 of 2007 s. 47)
(a) in the case of a direction by the Land Registrar under subsection (2), by a resolution passed by a majority; or
(b) in any other case, by a resolution passed by not less than 75%, (Amended 5 of 2007 s. 47)
of the votes of the owners, change the name of the corporation. (Replaced 27 of 1993 s. 11)
(2) If at any time a corporation is registered by a name which, in the opinion of the Land Registrar, is so similar to the name by which another corporation is registered as to be likely to mislead, the Land Registrar may direct that the first mentioned corporation shall change its name within a period of six weeks from the date of the direction or such longer period as the Land Registrar may allow. (Amended 8 of 1993 s. 3)
(3) A corporation which makes default in complying with a direction under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $50 for each day during which the default continues. (Amended 27 of 1993 s. 42)
(4) When a corporation changes its name under this section, the Land Registrar shall enter the new name on the register maintained by him under section 12 in place of the former name, and shall issue an amended certificate of registration. (Amended 8 of 1993 s. 3)
(5) A change of name of a corporation under this section shall not affect any rights or obligations of the corporation or render defective any legal proceedings by or against the corporation, and any legal proceedings which might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.
[cf. 1948 c. 38 s. 18 U.K.]

### Building Management Ordinance 《建築物管理條例》

11. Display of copy certificate of registration, etc.
(1) The following documents, namely—
(a) a copy of the certificate of registration issued under section 8(1), or a copy of the amended certificate of registration issued under section 10(4), as the case may be;
(b) in the case where the building is the registered office of the corporation, a notice of registered office in the form described in subsection (1B);
(c) in the case where the building is not the registered office of the corporation, a copy of that notice endorsed with the address of the registered office,
shall be displayed by the management committee in a prominent place in the building. (Replaced 27 of 1993 s. 12)
(1A) Where the building is not the registered office of the corporation, a notice of registered office in the form described in subsection (1B) shall be displayed or caused to be displayed by the management committee in a prominent place at the registered office of the corporation. (Added 27 of 1993 s. 12)
(1B) The notice of registered office, or a copy thereof, shall be in the form “Registered Office of the Incorporated Owners of .”. (Added 27 of 1993 s. 12)(description of building)
(2) A corporation which exhibits or uses any name of or for the corporation in Chinese characters, whether or not such name is a transliteration or translation of its name in its certificate of registration, or amended certificate of registration referred to in subsection (1)(a), as the case may be, shall append to such name so used in Chinese characters the Chinese characters “業主立案法團”. (Amended 27 of 1993 s. 12)
(3) In the event of a contravention of this section, every member of the management committee shall be guilty of an offence and shall be liable on conviction to a fine at level 1 unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (Amended 27 of 1993 s. 42; E.R. 5 of 2021)