Submission of Proof of Debt

Proof of debt is a prescribed document by which a creditor seeks to establish his/her claim against a bankrupt / a wound-up company. A proof of debt may be made by the creditor or by a person authorized by or on behalf of the creditor and having knowledge of the facts.

A creditor shall prove his/her debt as soon as possible after the making of a bankruptcy order / winding-up order by submitting a proof of debt in the prescribed form accompanied by the prescribed fee, as the case may require (see below for more details), to the trustee / liquidator. Otherwise, the creditor may not be entitled to vote at the meeting of creditors or to receive a dividend.

For bankruptcy / winding-up cases in which the Official Receiver acts as the trustee / liquidator, unregistered creditors can make use of the Public Portal of the Electronic Submission System (“the System”) to submit proof of debt anytime to the Official Receiver readily by completing the proof of debt form online, uploading supporting documents to substantiate the debt, signing the proof of debt form by “iAM Smart” or a recognized digital certificate, and settling the prescribed fee through electronic means such as FPS, credit cards or PPS online through the System.

Information /Documents Required

The following information / documents are required for completing a proof of debt form:-

  1. Bankruptcy /Winding-up case no., case year and case name
  2. Bankruptcy / Winding-up order date
  3. Name of creditor
  4. Address and telephone no. of creditor
  5. Amount of claim as at the date of bankruptcy order / winding-up order (including amount of debt and uncapitalised interest) and supporting documents
  6. Particulars of how and when debt incurred
  7. Particulars of security held
  8. Position with or relation to creditors and means of knowledge of the matters declared (Applicable to a person authorized to act on the creditor’s behalf only)

File Formats Acceptable for Uploading

The following file formats are acceptable for uploading supporting documents as attachments to the proof of debt submitted via the System:-

  1. Portable Document Format (.pdf)
  2. Microsoft Word (.doc, .docx)
  3. Microsoft Excel (.xls, .xlsx)
  4. Image (.jpg, .jpeg, .png)

The file size of each attachment must not exceed 25MB.

Digital Signing

A proof of debt form must be duly signed. Registered users of “iAM Smart+” could sign the proof of debt form online by the “iAM Smart+” Mobile App following the on-screen instructions.

Alternatively, digital certificates for personal and organizational use recognized in Hong Kong are also accepted for digital signing of the proof of debt form. To sign the form, the user must upload the digital certificate and enter the password to proceed.

Prescribed Fee

Except for claims not exceeding the amount of HK$250 or in the nature of employees’ claim for wages / salary, a prescribed fee of HK$35 must be paid upon filing of a proof of debt. The System accepts online payment by Credit Cards (including VISA, MasterCard, JCB and UnionPay), PPS or FPS.

After a proof of debt is submitted online through the System, it will be further processed by the Official Receiver’s Office in accordance with the usual procedures. In case the proof of debt is not subsequently accepted, the creditor or person making the submission with valid contact details will be notified of the result. However, in any event, the fee that has been paid will not be refunded.

Submission of Proof of Debt by Creditors

Frequently Asked Questions about Online Submission of Proof of Debt