Welcome to the latest edition of Corporate Update.
1. Legislative background and scope of article 198A
在最新的 Re USUM Investment Group Ltd[2026] HKCFI 1320 一案中，香港公司法庭就普通法下对内地重整程序的承认（recognition）与协助（assistance），处理了若干“新颖而重要的问题（Novel and Important Questions）”，包括：香港法庭是否有权承认经境外法院（本案为内地法院）批准的企业破产重整；如有，具体的协助范围包括哪些？
本案中，香港公司法庭最终批准了由重庆市第五中级人民法院委任的管理人（Administrators）在香港提出的申请。该判决为日后内地与香港跨境重整的处理方式提供了更清晰的、权威性的分析路径，并进一步强化香港作为普通法跨境破产／重整枢纽司法管辖区的定位。
事实背景
The High Court’s recent decision in Reid-Roberts v Mei-Lin [2026] EWHC 49 (Ch) regarding WhatsApp communications may cause you to reconsider whether to add a moniker to your messages. While this decision related to s53 of the Law of Property Act 1925 (“LPA”) the principles set out in the judgment have wider-ranging significance, as they apply to any requirement for a document to be signed.
Background
The High Court’s recent decision in Reid-Roberts v Mei-Lin [2026] EWHC 49 (Ch) regarding WhatsApp communications may cause you to reconsider whether to add a moniker to your messages. While this decision related to s53 of the Law of Property Act 1925 (“LPA”) the principles set out in the judgment have wider-ranging significance, as they apply to any requirement for a document to be signed.
Background
In Re USUM Investment Group Ltd[2026] HKCFI 1320, the Hong Kong Companies Court delivered a landmark judgment concerned with “novel and important questions as to whether the court has power to recognize a restructuring approved by a foreign court and, if so, the extent of such assistance”.
In cross-border civil and commercial litigation between Hong Kong and Mainland China, parties often struggle to obtain evidence located in Mainland China.
Jackson Hospital has sued Blue Cross and Blue Shield of Alabama in an Alabama bankruptcy court for $250 million. The Montgomery-area hospital claims that years of claims underpayment by the insurance giant have directly contributed to its insolvency.
In Webb and another (as liquidators of Eversholt Rail (365) Limited (in liquidation)) v Eversholt Rail Limited and another [2026] EWHC 101 (Ch), the High Court dismissed the liquidators’ appeal against a decision not to allow their extensive application for the production of documents under s.235 and s.236 of the Insolvency Act 1986 (IA 1986). The application had sought to reconstitute a special purpose company’s full corporate knowledge in circumstances where it had held no documents of its own.