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Winding up a Hong Kong Company

Update Date:2015-11-2 8:37:11 Source:Tannet (Malaysia) Sdn Bhd Views:704

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There are two paths to winding up a company in Hong Kong – voluntary winding up or compulsory winding up.

Voluntary winding up

Voluntary winding up of a Hong Kong company can be initiated either by members (shareholders) or creditors.

The voluntary winding up of a company begins by a special resolution being passed for the company to be voluntarily wound up and publishing this information in the Gazette within 14 days. The winding up is said to begin on the date on which the resolution is passed.

Members’ Voluntary Winding Up

A members voluntary winding up of a company can be carried out if the directors believe that the company will be able to pay its debts, in full, within 12 months after the commencement of the winding up.

Creditors’ Voluntary Winding Up

If the company cannot make a Declaration of Solvency, a creditors’ voluntary winding up will have to be executed. Soon after the meeting at which the resolution for a voluntary winding up is made, a creditors’ meeting should be convened.

Compulsory Winding Up

The most common circumstances under which a Hong Kong Court can order a compulsory winding up of a company in Hong Kong are:

- The company is unable to pay a debt of HKD 10,000 or above

- The court is of the opinion that it is just and equitable that the company should be wound up

- The company has by special resolution resolved that the company be wound up by the court


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