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What costs will arise if my business fails and I need to wind up and close the company?

A complete explanation of the regulatory basis, Drew Tang’s recommendations and risk alerts. The original material dates from 2025; read it alongside the latest official requirements.

Original guide, 2025 edition: These FAQs are provided for topic-based reference and have not all been individually checked against current rules. Please confirm fees, personnel, renewal, changes and product requirements against the professional in-depth guide for the relevant licence type and the official requirements in force at the time.

Drug Office, Department of Health Chinese Medicines Board

Q286 · Category F: Fees, budgeting and financial planning (Q251–Q300)
If the business unfortunately fails and the company has to be wound up, the process itself will also incur a range of costs. The main costs include: 1. “Liquidator’s fees”: you will need to appoint a practising accountant or lawyer as liquidator to handle all the company’s outstanding affairs, and their professional service fees will be a major expense. 2. “Asset disposal costs”: appraisals and commissions may be incurred when liquidating stock and selling assets such as shelving and equipment. 3. “Severance payments”: under the Employment Ordinance, you will need to pay severance pay or long service payments to eligible employees. 4. “Government fees”: fees for filing various documents with the Companies Registry. 5. “Legal and accounting fees”: professional fees for handling debts, tax clearance and other matters. The process may take several months, and costs may reach tens of thousands to hundreds of thousands of Hong Kong dollars.

📘 Regulatory basis

The Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) of Hong Kong prescribes the legal procedures for winding up a company. The liquidator’s primary duty is to repay the company’s debts in the statutory order of priority, including government taxes and employees’ wages, before ordinary creditors.

📗 Drew Tang's recommendations

One of the main advantages of operating as a limited company is “limited liability”, meaning that shareholders’ liability is limited to the amount of their investment. If the company becomes insolvent, your personal assets will generally not be affected, unless you have given a personal guarantee. This is an important reason why we recommend from the outset that clients operate through a company.

📕 Risk notice

Company directors remain legally responsible during the winding-up process. If misconduct is discovered, such as maliciously transferring assets when the company is close to insolvency or engaging in fraudulent trading, directors may be held personally liable and may even be disqualified from acting as directors in future. Ensure that the entire winding-up process is lawful and compliant.

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