中英企业交易中的“五行”元素——第一部分：金
在与向英国供货的国际公司合作的过程中，我们发现了一些常见问题。本系列五篇文章围绕“五行”的各个元素展开探讨，指出了供应商在和英国客户做生意过程中面临的关键风险，以及供应商如何才能最好地保护自己，从而确保其商务活动和商业关系的和谐。第一个元素“金”确保供应商得到应得的货款，避免或尽量减少风险、困难和难以解决的困境。
金：及时获得全额付款，让您的业务和商业关系发展壮大
在协助我们的国际贸易客户处理的各种事项中，最常见的是追款。因此，我们建议所有供应商在签订合同或根据标准商业条款向客户供货时，确保在客户违约的情况下尽可能让自己处于最有利的境地。
对供应商而言，最有利的索赔是财产索赔。根据所有权保留条款，在客户未付清货款前，供应商仍对交付给客户的货物拥有所有权。如果客户破产，供应商有权收回货物（或收取货款）。
其他合同保护措施包括：
In an effort to alleviate the impact of COVID-19 on UK businesses and encourage the supply of essential goods and services during the pandemic, the UK Government announced plans earlier this year to temporarily suspend wrongful trading laws and to fast track proposed permanent reforms to the existing insolvency regime (these reforms were developed in 2016 and consulted on in 2018).
Five Elements for Chinese Companies trading with UK counterparts Part 1: Gold
As one element of a package of measures intended to assist UK businesses with coping with economic difficulties brought about by the coronavirus pandemic, the UK government will temporarily suspend wrongful trading laws. The proposal to temporarily suspend wrongful trading laws is set out in the Corporate Insolvency and Governance Bill (the ‘Bill’), which is currently going through the UK parliament’s legislative process and is expected to be passed into law imminently.
Insurers and insureds do not bear the risk of a contractor becoming insolvent when undertaking insured repair work. The insurer’s only obligation is to pay its appointed contractor and not any subcontractors engaged by that party.
Background
With COVID-19 causing ever increasing financial uncertainty around the globe, we thought it an apt time to provide you with a summary of the various corporate insolvency procedures in the UK applicable to companies facing financial difficulties. Taking each in turn, we will discuss administration, administrative receivership, company voluntary arrangements, schemes of arrangement and liquidation. We will also touch briefly on directors’ duties, rules relating to asset distribution on insolvency and transactions that may be set aside on insolvency or ‘reviewable’ transactions.
One of the many issues which arose from the collapse of Lehman Brothers was whether “flip provisions”, which reverse a swap counterparty’s priority in the order of payment on insolvency, were invalid on the basis that they contravened the anti-deprivation principle. This is a long-established common law principle which seeks to prevent an insolvent party from arranging its affairs to frustrate the legitimate claims of creditors.
With COVID-19 causing ever increasing financial uncertainty around the globe, we thought it an apt time to provide you with a summary of the various corporate insolvency procedures in the UK applicable to companies facing financial difficulties. Taking each in turn, we will discuss administration, administrative receivership, company voluntary arrangements, schemes of arrangement and liquidation. We will also touch briefly on directors’ duties, rules relating to asset distribution on insolvency and transactions that may be set aside on insolvency or ‘reviewable’ transactions.
In recent years, several foreign companies have used the English law scheme of arrangement as a flexible restructuring method to compromise creditor claims. The decision of the High Court in the latest of these cases, that of the German company Rodenstock GmbH, clarifies that an English court will accept jurisdiction where the only connection to England is that the company’s finance documents were governed by English law.
Two recent decisions of the UK courts concern UK liquidation and administration of foreign companies
Refusal to Wind-Up Foreign Companies: Re Buccament Bay Limited [2014] EWHC 3130 (Ch)
The High Court of England and Wales may refuse to exercise its discretion to wind up companies incorporated abroad where there would be little likelihood of the petitioners deriving benefit from the winding-up.