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UPDATE: Companies (Amendment) Ordinance 2010 - Company Name Hijacking

17 August 2010

Companies (Amendment) Bill 2010 passed, improved enforcement measures for brand owners in their fight against Hong Kong shadow companies

In January this year we reported that the Companies (Amendment) Bill 2010 (the "Bill") was introduced into the Legislative Council. The Bill proposed enhanced powers for the Companies Registrar to deal with shadow companies. These powers include the power for the Companies Registrar to act pursuant to court orders which restrain a company from using that particular company name or part of it and to direct the company to change its name. Should the company fail to comply with such a direction, under the proposed amendments, the Registrar would be empowered to substitute the company's name with its company registration number.

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