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Details of revision of fees payable to Official Receiver's Office (effective from 1 November 2013)
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Official Receiver's fees and charges in bankruptcy
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Official Receiver's fees and charges in compulsory winding-up of companies
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Official Receiver's Office
Bankruptcy (Fees and Percentages) Order Chapter 6
Fees and Charges in Bankruptcy

No.

Relevant Ordinance Reference

      Description of fee item

Current Rate
 HK$


(1)

Table A
Item 4

 

Proof of debt above $250 including filing, other than a proof for workmen's wages

 
$35


(2)

Table A
Item 10

Application to the Official Receiver for payment of money out of the Bankruptcy Estates Account

$80

(3)

Table A
Item 11(a)(i)

On every payment of money out of the Bankruptcy Estates Account, where the money consists of unclaimed dividends, on each dividend paid out

$50 on every $1,000 or fraction of $1,000


(4)

Table A
Item 11(a)(ii)

On every payment of money out of the Bankruptcy Estates Account, where the money consists of undistributed funds or balances, on the amount paid out

$50 on every $1,000 or fraction of $1,000


(5)

Table A
Item 11(b)

The total fees taken under No. (4) shall not exceed $37,500 in each bankruptcy

See Description of fee item


(6)

Table A
Item 16

Application by a member of the public to the Official Receiver for a search on whether a bankruptcy petition has been presented against a person or firm

$80

(7)

Table A
Item 17

Application by a member of the public to the Official Receiver for issue of a non-bankruptcy certificate for a person

$190

(8)

Table A
Item 18

For insertion in the Gazette of a notice relating to bankruptcy

$330

(9)

Table B
Item 1

On payments made by the Official Receiver into any bank account opened by him in his capacity as nominee under a voluntary arrangement, after deducting any sums paid to secured creditors in respect of their securities, and not being monies received and spent in carrying on the business of a debtor

10%

(10)

Table B
Item 1A

For the Official Receiver acting as interim trustee, or trustee to administer a debtor’s or bankrupt’s property, on every payment made into the Official Receiver in Bankruptcy Account

The payment referred to in this paragraph does not include any of the following –
(a) sums that are payable to secured creditors in respect of their securities;
(b) money received in carrying on the business of the debtor or bankrupt

$170

(11)

Table B
Item 2(a)

On the amount distributed to creditors by the Official Receiver when acting as nominee under a voluntary arrangement

5%

(12)

Table B
Item 2(b)

For the work done by the Official Receiver in connection with an approved voluntary arrangement to which the Official Receiver was not appointed to act as nominee by the creditors at the meeting

A fee of such amount as the appointed nominee and the Official Receiver may agree or as the court may approve


(13)

Table B
Item 3

On the amount paid to preferential creditors or distributed in dividend by the Official Receiver when acting otherwise than as nominee under an approved voluntary arrangement

5%

(14)

Table B
Item 4

For the Official Receiver acting as interim trustee of the property of a debtor under section 13, in addition to the percentage chargeable on realizations, on every order

$1,000

(15)

Table B
Item 4

In addition, where the order is in force for a longer period than 14 days, for every 7 days after the first 14, and for every fraction of 7 days

$1,000

(16)

Table B
Item 5(a)

For all official stationery, printing and postage within Hong Kong; and to include notices to creditors of meetings and sittings of the court and room hire for a number of creditors and bankrupts not exceeding 10

$620

(17)

Table B
Item 5(b)

Thereafter for every 10 additional creditors and bankrupts or part thereof

This fee does not include the charge which may be made by the Official Receiver on calling a meeting at the request of creditors, for which provision is made in No. (18)

$620

(18)

Table B
Item 6

Where the Official Receiver calls a meeting at the request of the creditors, the costs of summoning the meeting, including all disbursements for stationery, printing and postage within Hong Kong

$1,440

Any charge for hiring a room outside the Official Receiver's Office by reason of the large number of creditors shall be additional to the above sum


(19)

Table B
Item 7

For the Official Receiver supervising a special manager or the carrying on of a bankrupt's business

Such amount as the court, on application of the Official Receiver, may consider reasonable


(20)

Table B
Item 8

Travelling, keeping possession and other reasonable expenses of Official Receiver

The amount disbursed


(21)

Table B
Item 9(a)(b)(i)

On the aggregate amount of the assets realized and brought to credit there shall be paid -
(a) in respect of estates in which the Official Receiver acts as trustee, when he accounts to the court under section 86B(2);
(b) in respect of estates in which the Official Receiver is not acting as trustee, when the trustee provides his accounts to the Official Receiver under section 93(1A),

On the first $500,000 or fraction thereof $100 on every $1,000 or fraction thereof

(22)

Table B
Item 9(a)(b)(ii)

On the next $500,000 or fraction thereof

$75 on every $1,000 or fraction thereof


(23)

Table B
Item 9(a)(b)(iii)

On the next $4,000,000 or fraction thereof

$65 on every $1,000 or fraction thereof


(24)

Table B
Item 9(a)(b)(iv)

On the next $5,000,000 or fraction thereof

$37.5 on every $1,000 or fraction thereof


(25)

Table B
Item 9(a)(b)(v)

On the next $40,000,000 or fraction thereof

$20 on every $1,000 or fraction thereof


(26)

Table B
Item 9(a)(b)(vi)

On all further amounts

$10 on every $1,000 or fraction thereof


(27)

Table B
Item 10

Where the Official Receiver performs any special duties not provided for under the other paragraphs of Table B in the Bankruptcy (Fees and Percentages) Order

Such amount as the court, on the application of the Official Receiver, may consider reasonable


(28)

Table B
Item 11

Notwithstanding the fees and charges prescribed in the foregoing paragraphs, where the Official Receiver acts as trustee to administer a bankrupt's property

The total fees and charges under Table B shall not be less than $11,250


(29)

Bankruptcy Rules 52A

Unless the applicant is also the nominee, where an application is made for an interim order under section 20A of the Ordinance, the applicant or some other person on his behalf shall, at the time of making the application, deposit with the nominee the sum of $12,150, and such further sum (if any) as the applicant and nominee may agree to or as the court may from time to time direct, to cover the fees, expenses and remuneration to be incurred by the nominee in connection with the work done by him in respect of the voluntary arrangement

See Description of fee item


(30)

Bankruptcy Rules 52(1)

Upon the presentation of a petition by the debtor or by a creditor, the petitioner shall deposit with the Official Receiver the sum of $8,000 or $11,250 respectively, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar

(i) Deposit in relation to a petition by the debtor - $8,000

(ii) Deposit in relation to a petition by creditors - $11,250


(31)

Decision of court

Costs awarded by the court to the Official Receiver in respect of bankruptcy cases

Such amount as awarded by the court


(32)

Bankruptcy Ordinance
S.128(4)

After any money has remained unclaimed in the Bankruptcy Estates Account over 5 years the Official Receiver may transfer such money to the general revenue of Hong Kong

Such amount as may be available


(33)

Bankruptcy Ordinance
S.128A(2)

The Official Receiver shall transfer to the general revenue any interest paid in respect of deposits under (a) Bankruptcy Estates Account (b) account operated by the Official Receiver in Bankruptcy Account

Total bank interest


Official Receiver's Office
Companies (Fees and Percentages) Order Chapter 32
Fees and Charges in Compulsory Winding-up of Companies

No. Relevant Ordinance Reference   Description of fee item  

Current Rate

HK$

(1) Schedule 3 Table A Item 10  

On a proof of debt above $250 (other than a proof for workmen's wages) This fee includes administering oath and filing. No fee is payable on a proof for $250 or under

 

$35

(2) Schedule 3 Table A Item 1A  

On an inspection of a copy of the liquidator's accounts filed under section 203(4) or (6)

 

$11

(3) Schedule 3 Table A Item 3  

On an application by a liquidator to the Official Receiver for a special bank account under section 202

 

$360

(4) Schedule 3 Table A
Item 4
 

On an order by the Official Receiver for a special bank account

 

$360

(5) Schedule 3 Table A
Item 4A
 

On an application by a liquidator to the Official Receiver acting as a committee of inspection

 

$360

(6) Schedule 3 Table A
Item 5(a)
 

On an application to the Official Receiver under section 285 for payment of money out of the Companies Liquidation Account

 

$55

(7) Schedule 3 Table A
Item 5(b)
 

After 6 months from the date of issue, for the re-issue of a lapsed cheque or money order in respect of moneys standing to credit of that account

 

$55

(8) Schedule 3 Table A
Item 6(a)
 

On every payment under section 285 of money out of the Companies Liquidation Account, where the money consists of unclaimed dividends, on each dividend paid out

 

$50 on every $1,000 or fraction of $1,000


(9) Schedule 3 Table A
Item 6(a)
 

On every payment under section 285 of money out of the Companies Liquidation Account, where the money consists of undistributed funds or balances, on the amount paid out

 

$50 on every $1,000 or fraction of $1,000


(10) Schedule 3 Table A
Item 6(b)
 

The total fees taken under No. (9) shall not exceed $37,500 in each liquidation

 

See Description of fee item


(11) Schedule 3 Table A
Item 7
 

For insertion in the Gazette a notice relating to a company which is being wound up by the court

 

$330

(12) Schedule 3 Table A
Item 8
 

On an application by a member of the public to the Official Receiver for a search on whether a winding-up petition has been presented against a company

 

$80

(13) Schedule 3 Table B
Item I(a)
 

On the aggregate amount of assets realized and brought to credit by a liquidator (including the Official Receiver when he is acting as liquidator), after deducting any sums paid to secured creditors, other than holders of floating charges, in respect of their securities and any sums spent out of money received in carrying on the business of the company,

 

On the first $500,000 or fraction thereof $100 on every $1,000 or fraction thereof

(14) Schedule 3 Table B
Item I(b)
 

On the next $500,000 or fraction thereof

 

$75 on every $1,000 or fraction thereof


(15) Schedule 3 Table B
Item I(c)
 

On the next $4,000,000 or fraction thereof

 

$65 on every $1,000 or fraction thereof


(16) Schedule 3 Table B
Item I(d)
 

On the next $5,000,000 or fraction thereof

 

$37.5 on every $1,000 or fraction thereof


(17) Schedule 3 Table B
Item I(e)
 

On the next $40,000,000 or fraction thereof

 

$20 on every $1,000 or fraction thereof


(18) Schedule 3 Table B
Item I(f)
 

On all further amounts

 

$10 on every $1,000 or fraction thereof


(19) Schedule 3 Table B
Item II(a)
 

Where the Official Receiver acts as provisional liquidator only - Where no winding-up order is made upon the petition, or where a winding-up order is rescinded, or all further proceedings are stayed prior to the summoning of the statutory meetings of creditors and contributories

 

Such amount as the court, on the application of the Official Receiver, may consider reasonable to be paid by the petitioner, or by the company, as the court may direct, in respect of the services of the Official Receiver as provisional liquidator


(20) Schedule 3 Table B
Item II(b)
 

Where the Official Receiver acts as provisional liquidator only - Where a winding-up order is made but the Official Receiver is not continued as liquidator after the statutory meetings of creditors and contributories

 

Such amount as the court, on the application of the Official Receiver, may consider reasonable to be paid by the petitioner, or by the company, as the court may direct, in respect of the services of the Official Receiver as provisional liquidator


(21) Schedule 3 Table B
Item III
 

Where the Official Receiver acts as liquidator of the company and a special manager is appointed (to include the Official Receiver's services as provisional liquidator)

 

Such amount as the court, on the application of the Official Receiver, may consider reasonable


(22) Schedule 3 Table B
Item IV(1)
 

In all other cases where the Official Receiver acts as liquidator of the company (to include his services as provisional liquidator) - In respect of every 10 members, creditors and debtors, and every fraction of 10

(This fee is to include cost of official stationery, printing, books, forms and postages in Hong Kong)

 

$620

(23) Schedule 3 Table B
Item IV(2)
 

On every payment made into the Companies Liquidation Account under section 202

The payment referred to in this paragraph does not include any of the following ─
(a) where the Official Receiver collects, calls or realizes property for debenture holders – the total assets, including the produce of calls on contributories, realized or brought to credit by the Official Receiver;
(b) money received in carrying on the business of the company

 

$170
 
 

(24) Schedule 3 Table B
Item IV(3)
 

On the amount distributed in dividend or paid to contributories, preferential creditors, and debenture holders by the Official Receiver

 

5%

(25) Schedule 3 Table B
Item V(1)
 

Where the Official Receiver collects, calls or realizes property for debenture holders, the following fees are to be paid out of the proceeds of the calls or property─

On the total assets, including the produce of calls on contributories, realized or brought to credit by the Official Receiver, after deducting the amount spent out of the money received in carrying on the business of the company

 

10% on proceeds of the calls or property

 
 

(26) Schedule 3 Table B
Item V(2)
 

The same fee as under Schedule 3 Table B Item IV(3)

 

5% on the amount distributed to debenture holders

 
 

(27) Schedule 3 Table B
Item VI
 

Where the Official Receiver realizes property for secured creditors other than debenture holders, the following fee is to be paid out of the proceeds of the property ─

On the total assets, including the produce of calls on contributories, realized or brought to credit by the Official Receiver, after deducting the amount spent out of money received in carrying on the business of the company

 

10% on proceeds of the property

 
 

(28) Schedule 3 Table B
Item VII
 

Where the Official Receiver performs any special duties not provided for under the other paragraphs of the foregoing tables of the Companies (Fees and Percentages) Order

 

Such amount as the court, on the application of the Official Receiver, may consider reasonable


(29) Schedule 3 Table B
Item VIII
 

Travelling, keeping possession, law costs, and other reasonable expenses of the Official Receiver

 

The amount disbursed


(30) Schedule 3 Table B
Item IX
 

Notwithstanding the fees and percentages prescribed in Item I, Item III to VII of Schedule 3 Table B, where the Official Receiver acts as liquidator of the company

 

The total fees under those items shall not be less than $11,250


(31) Companies (Winding-up) Rules 22A(1)  

Before presenting a petition the petitioner shall deposit with the Official Receiver the sum of $11,250 for the purpose of covering the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless the receipt of the Official Receiver for the deposit is produced to the Registrar

 

$11,250

(32) Decision of court  

Costs awarded by the court to the Official Receiver in respect of compulsory winding-up cases

 

Such amount as awarded by the court


(33) Companies (Winding Up and Miscellaneous Provisions) Ordinance S.294(3)  

Interest derived from investment of the surplus funds under section 294 from winding-up cases

 

Total bank interest received


(34) Companies (Winding Up and Miscellaneous Provisions) Ordinance S.295(4)&(5)  

Interest derived from investment of the surplus funds under section 295 from winding-up cases

 

1.5% p.a. on money invested


(35) Companies (Winding-up) Rules 117  

The costs of summoning a meeting of creditors or contributories at the instance of any person other than the Official Receiver or liquidator, including all disbursements for stationery, printing and postage within Hong Kong

 

$1,440 for each meeting plus hire of room outside the Official Receiver's Office


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