Deregistration of Defunct Solvent Private Company
Under what circumstances can an application be made:
| 1: | | All members of the company agree to the deregistration; |
| 2: | | The company has never commenced operation, or has ceased to carry on business for more than 3 months immediately before the application; |
| 3: | | The company has no outstanding liabilities; and |
| 4: | | It has obtained a written notice of no objection from the Commissioner of Inland Revenue.
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Conditions for the issue of a notice of no objection from the Commissioner of Inland Revenue
| 1: | | The company has never commenced operation, or has already ceased business; |
| 2: | | The company will not start/resume business in the future; |
| 3: | | The company has disposed of all trading stock, landed property and securities, if any; |
| 4: | | The company has no outstanding tax liabilities which include Profits Tax, Property Tax, Stamp Duty, Business Registration fee, fines and penalties in connection thereof and court fees; |
| 5: | | The company has no outstanding obligations under the Inland Revenue Ordinance. These include submission of return(s) which has (have) been issued by the Inland Revenue Department, liability to notify the Commissioner of Inland Revenue in writing that the company is chargeable to tax for any year of assessment in which a return has not been received; |
| 6: | | There are no unanswered enquiries from the Department; |
| 7: | | There are no unsettled objections or appeals in respect of assessment already raised. |
If any of the above conditions is not satisfied, the Commissioner will not issue a notice of no objection.
Note :
Upon dissolution of the company, all the company’s property (including credit balances in the company’s bank account) will vest in the Government of the HKSAR as bona vacantia. Therefore, you must seek advice from your lawyer or other professional adviser on the disposal of the company’s property.?
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