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Hong Kong shadow companies targeted by improved brand enforcement measures

Overview

In January this year 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.

The Bill, which was welcomed by brand owners, was passed in July 2010. The effect of the Bill is that in the future less time and money will need to be spent in court proceedings by brand owners to obtain and enforce orders for the change of a shadow company's name


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