### Companies Ordinance 《公司條例》

805. Financial Secretary may make regulations
(1) The Financial Secretary may make regulations prescribing—
(a) the particulars to be contained in an application under section 776(2) or (3);
(b) the documents to accompany an application under section 776(2) or (3);
(c) the documents to accompany a notification under section 787(3);
(d) the particulars to be contained in a return under section 788(1) or 791(1); and
(e) the documents to accompany a return under section 788(1) or 791(1).
(2) The Financial Secretary may make regulations—
(a) providing that an application under section 776(2) or (3), or a return under section 778(2), may contain a certified translation of a domestic name of the non-Hong Kong company; and
(b) providing for the procedures and requirements for the purpose.
(3) Subsection (2) does not apply to an application or return that is required by section 776(5) or 778(9) to contain a certified translation of a domestic name.

805A. Requirement to disclose non-Hong Kong company’s name etc.
(1) The Financial Secretary may make regulations to require non-Hong Kong companies—
(a) to display prescribed information in prescribed locations;
(b) to state prescribed information in prescribed descriptions of documents or communications; and
(c) to provide prescribed information on request to those they deal with in the course of their business.
(2) The regulations—
(a) may in prescribed circumstances require disclosure of the name of a non-Hong Kong company;
(b) may make provision as to the manner in which any prescribed information is to be displayed, stated or provided; and
(c) may exempt a non-Hong Kong company from any requirement of the regulations made under subsection (1).
(3) The regulations may provide that, for the purposes of any requirement to disclose a non-Hong Kong company’s name, any variation between a word or words required to be part of the name and a permitted abbreviation of that word or those words (or vice versa) is to be disregarded.
(Added 35 of 2018 s. 81)

### Companies Ordinance 《公司條例》

805B. Criminal consequences of failure to make required disclosures
Regulations made under section 805A may provide that—
(a) if a non-Hong Kong company contravenes any of the regulations made under that section, an offence is committed by—
(i) the company; and
(ii) every responsible person of the company;
(b) if a person who is acting on behalf of the company contravenes any of the regulations made under that section, an offence is committed by that person; and
(c) a person who commits an offence mentioned in paragraph (a) or (b) is liable to a fine not exceeding level 3.
(Added 35 of 2018 s. 81)

806. Interpretation
In this Part—
constitutional document (章程文件), in relation to an eligible company, means—
(a) an Ordinance constituting or regulating the company; or
(b) a non-statutory constitutional document of the company;

eligible company (合資格公司) means a company—
(a) formed after 1 May 1865 in pursuance of an Ordinance other than this Ordinance or a former Companies Ordinance; or
(b) otherwise constituted after that date according to law;

non-statutory constitutional document (不屬法定的章程文件), in relation to an eligible company, means any deed of settlement, or other instrument, constituting or regulating the company.

807. Registrar may register eligible company
(1) The Registrar may, on application by an eligible company, register the company as—
(a) an unlimited company; or
(b) a company limited by guarantee.
(2) An application for the purposes of subsection (1) must be in the specified form.
(3) An application for the purposes of subsection (1) must be accompanied by—
(a) a copy of every constitutional document of the eligible company; and
(b) in the case of an application for registration as a company limited by guarantee, a copy of the resolution that complies with section 810(2).
(4) A registration under subsection (1) is not invalid by reason only of it having taken place with a view to the eligible company being wound up.

### Companies Ordinance 《公司條例》

808. General restrictions on Registrar’s power to register
(1) If the liability of the members of an eligible company is limited by an Ordinance or otherwise according to law, the Registrar must not register the company under this Part.
(2) The Registrar must not register an eligible company under this Part as a company limited by guarantee unless—
(a) if the company has an English name only—
(i) the name by which the company is to be registered has “Limited” as the last word of that name; and
(ii) a Chinese equivalent of it that the company may use has “有限公司” as the last 4 Chinese characters of the equivalent;
(b) if the company has a Chinese name only—
(i) the name by which the company is to be registered has “有限公司” as the last 4 Chinese characters of that name; and
(ii) an English equivalent of it that the company may use has “Limited” as the last word of the equivalent; or
(c) if the company has both an English name and a Chinese name—
(i) the English name by which the company is to be registered has “Limited” as the last word of that name; and
(ii) the Chinese name by which the company is to be registered has “有限公司” as the last 4 Chinese characters of that name.

809. Registrar must not register without members’ assent
(1) The Registrar must not register an eligible company under this Part as an unlimited company unless there is assent to the registration by a majority of the members present at a general meeting of the company convened for the purpose.
(2) The Registrar must not register an eligible company under this Part as a company limited by guarantee unless there is assent to the registration by at least 75% of the members present at a general meeting of the company convened for the purpose.
(3) For the purposes of this section, in computing a majority, or 75%, of the members where a poll is demanded, the number of votes to which each member is entitled according to the eligible company’s regulations must be taken into account.
(4) In this section, a reference to a member present at a general meeting is—
(a) a reference to a member present in person; or
(b) if proxies are allowed by the eligible company’s regulations, a reference to a member present by proxy.