280
CAP. 32]
Companies
[1984 Ed.
(6 of 1984.) [*31.8.84.]
(Cap. 310.)
(i) by which a company in existence is already registered under Part I, or so nearly resembles that name as to be calculated to deceive, except where the company in existence is in course of being dissolved and signifies its consent in such manner as the Registrar requires; or
(ii) of another oversea company registered under this Part, or so nearly resembles that name as to be calculated to deceive; or
(iii) of a body corporate incorporated or established under an Ordinance, or so nearly resembles that name as to be calculated to deceive; or
(b) gives so misleading an indication of the nature of its activities in Hong Kong as to be likely to cause harm to the public,
he may serve a notice to that effect on the oversea company.
(2) No notice shall be served on an oversea company under subsection (1)(a) later than 6 months after the relevant date or, if that date is before the commencement* of the Companies (Amendment) Ordinance 1984, later than 6 months after such commencement; and in this subsection "relevant date" means the date on which the oversea company has complied with section 333 or, if there has been a change in its corporate name, section 335.
(3) An oversea company on which a notice is served under subsection (1) may deliver to the Registrar for registration under section 333 a statement in the prescribed form specifying a name approved by the Financial Secretary other than its corporate name under which it proposes to carry on business in Hong Kong and may, after that name has been so registered, at any time deliver to the Registrar for registration under that section a statement in the prescribed form specifying a name approved by the Financial Secretary other than its corporate name in substitution for the name previously registered under that section.
(4) The name by which an oversea company is, by virtue of subsection (3), for the time being registered under section 333 shall for all purposes of the law applying in Hong Kong (including the Business Registration Ordinance) be deemed to be the corporate name of the company; but this subsection shall not affect references to the corporate name of the company in this section or any rights or obligations of the company, or render defective any legal proceedings by or against the company, and any legal proceedings that might have been continued or commenced against it by its corporate name or its name previously registered under that section may be continued or commenced against it by its name for the time being so registered.
(5) Subject to subsection (6), an oversea company on which a notice is served under subsection (1) shall not at any time after the expiration of 2 months from the service of that notice carry on business in Hong Kong under its corporate name.
Page 170
Page 171
280
CAP. 32]
Companies
[1984 Ed.
(6 of 1984.) [*31.8.84.]
(Cap. 310.)
(i) by which a company in existence is already regis- tered under Part I, or so nearly resembles that name as to be calculated to deceive, except where the company in existence is in course of being dissolved and signifies its consent in such manner as the Registrar requires; or
(ii) of another oversea company registered under this Part, or so nearly resembles that name as to be calculated to deceive; or
(iii) of a body corporate incorporated or established under an Ordinance, or so nearly resembles that name as to be calculated to deceive; or
(b) gives so misleading an indication of the nature of its activities in Hong Kong as to be likely to cause harm to the public,
he may serve a notice to that effect on the oversea company.
(2) No notice shall be served on an oversea company under subsection (1)(a) later than 6 months after the relevant date or, if that date is before the commencement* of the Companies (Amendment) Ordinance 1984, later than 6 months after such commencement; and in this subsection "relevant date" means the date on which the oversea company has complied with section 333 or, if there has been a change in its corporate name, section 335.
(3) An oversea company on which a notice is served under subsection (1) may deliver to the Registrar for registration under section 333 a statement in the prescribed form specifying a name approved by the Financial Secretary other than its corporate name under which it proposes to carry on business in Hong Kong and may, after that name has been so registered, at any time deliver to the Registrar for registration under that section a statement in the prescribed form specifying a name approved by the Financial Secretary other than its corporate name in substitution for the name previously registered under that section.
(4) The name by which an oversea company is, by virtue of subsection (3), for the time being registered under section 333 shall for all purposes of the law applying in Hong Kong (including the Business Registration Ordinance) be deemed to be the corporate name of the company; but this subsection shall not affect references to the corporate name of the company in this section or any rights or obligations of the company, or render defective any legal proceed- ings by or against the company, and any legal proceedings that might have been continued or commenced against it by its corporate name or its name previously registered under that section may be continued or commenced against it by its name for the time being so registered.
(5) Subject to subsection (6), an oversea company on which a notice is served under subsection (1) shall not at any time after the expiration of 2 months from the service of that notice carry on business in Hong Kong under its corporate name.
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