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In FCA v Carillion [2021] EWCH 2871 (Ch), the High Court has confirmed that Financial Conduct Authority (FCA) enforcement action against Carillion Plc (in Liquidation) (Carillion) pursuant to certain provisions of the Financial Services and Markets Act 2000 (FSMA) does not constitute an “action or proceeding” and therefore falls outside of the scope of the statutory stay imposed by section 130(2) of the Insolvency Act 1986 (the Act).

Section 130(2) of the Act

Regulations have been published which, from 1 October 2021, will change the current restrictions on the use of winding up petitions (the regulations). A link to the regulations can be found here.

In summary, the regulations partially lift the temporary restriction on the use of winding up petitions imposed by the Corporate Insolvency and Governance Act 2020 and provide that:

引言

香港法院最近在Re Ando Credit Ltd [2020] HKCFI 2775一案中,首次批准一家香港公司任命临时清盘人[1],并明确旨在允许该临时清盘人向中国内地法院寻求内地法律的承认和执行。

引言

香港法院最近在Re Ando Credit Ltd [2020] HKCFI 2775一案中,首次批准一家香港公司任命临时清盘人[1],并明确旨在允许该临时清盘人向中国内地法院寻求内地法律的承认和执行。

After a somewhat leisurely start, case law regarding the new restructuring plan in Part 26A of the Companies Act 2006 now seems to be picking up pace.

On 13 January 2020, the High Court sanctioned the restructuring plans proposed by three UK companies in the DeepOcean group, under Part 26A of the Companies Act 2006.