If deregistered due to mistake of the Registrar, the Registrar may restore a company to the Companies Register by publishing a notice in the Gazette declaring the restoration.
A person who was a director or member of the company may apply to the Registrar for the restoration of the company to the Companies Register and the application must be made within 20 years after the date of the dissolution.
The application must be accompanied by a statement stating that:
(i) the applicant was a director or member of the company
(ii) the company was at the time its name was struck off the Companies Register in the operation or carrying on business
(iii) if any immovable property situate in Hong Kong previously vested in or held on trust for the company has been vested in the Government, the applicant has obtained, at the applicant's own costs, the Government's confirmation that it has no objection to the restoration
(iv) the applicant has delivered to the Registrar the documents relating to the company that are necessary to bring up to date the records kept by the Registrar
If the Registrar grants the application, the company is restored to the Companies Register on the date on which notification is given and the Registrar must register the notification and publish in the Gazette a notice of the restoration.
An application to Court to restore a company can be made by a person who was a director/member/creditor or an aggrieved person of the company which has been struck off under the predecessor ordinance or by a person who was a director/member/creditor or by an any other person who appears to have an interest in the matter of the company which has been struck off under the new Companies Ordinance.
Restoration by order of Court can be made if an application has been made to the Registrar and has been refused.
The Court may order the Registrar to restore the company to the Companies Register if application for restoration is made within 20 years and the Court is satisfied that it is just to do so.
If the Court grants an application for restoration made under s765, the applicant must deliver to the Registrar for registration an office copy of the Court s order, and the restoration takes effect on the registration. After a company is restored to the Companies Register, the Registrar must publish a notice of restoration in the Gazette.
A company restored to the Companies Register under s767 is to be regarded as having continued in existence as if it had not been dissolved.
For restoration of de-registered company, please seek solicitors' help.