With the global economic downturn, businesses may begin to show signs of insolvency. Indeed, we have seen an increasing number of applications for compulsory winding-up processed by Hong Kong courts.
着全球经济陷入低迷，企业无力偿债的迹象开始浮现。事实上，我们看到香港法院处理的强制清盘申请数目正在增加。
若您是债权人一方，当您的债务人无法还款时，很自然地您会考虑应采取哪些行动。如果债务人是离岸公司，情况或会变得复杂。近期有数宗个案涉及在香港联交所上市的公司，其注册地位于其他司法管辖区，而资产和主要业务则位于中国內地。这些个案显示，债权人在处理拥有类似分层架构的公司时需要考虑一些重要问题。这份客户简报就这些问题和应考虑的事项进行讨论。
将一家公司清盘
如您的债务人无法还款，您会开始考虑各种选项，而选项之一可能是将该公司清盘。然而，在展开有关行动前，您应该先评估一些事项。
在香港进行清盘
债务人能否就债务提出有实质理由的争辩？
在对债务人公司进行清盘时，您会以债务人无力偿还债务作为理由1，而常见用以支持这个理由的依据是债务人在收到法定要求偿债书后三个星期内仍未能清偿债务。
The merger of Premier Oil plc (“Premier”) and Chrysaor Holdings Limited (“Chrysaor”) completed on 31 March 2021, with Premier’s shares being readmitted to trading the following day under the new name of Harbour Energy plc. Harbour Energy is now the largest independent oil and gas company listed on the London Stock Exchange with combined production of over 250 kboped.
The current legislation, particularly the Coronavirus (Scotland) Act 2020; Coronavirus (No 2) (Scotland) Act 2020 and the Corporate Insolvency and Governance Act 2020, contain measures to protect debtors affected by Covid-19.
These measures restrict the options available to landlords and creditors and have been extended to remain in force until 30 September 2021, although some measures will cease on 30 June pending subject to any further extension which may be granted.
Commercial Leases
Irritancy
The fallout from the COVID-19 pandemic has seen some well-established and high profile names, particularly on the British high street, enter into UK insolvency processes. Debenhams, Arcadia, Laura Ashley, Oasis, Warehouse and Jaeger are just some of the big names that have collapsed into administration over the past year. Another thing that all of these brands have in common is that they were bought out of administration by investors looking to uncover their underlying value and restore them to their former glory.
Essential points to consider if your company is looking at ways to improve balance sheet strength, whether strategically, opportunistically, or to help repair the damage done by the pandemic.
60 SECOND BASICS
WHAT IS IT
SUMMARY
The Government is attempting to shackle transfers to connected parties by way of pre-pack Administration.
The new draft 'Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021', published 24 February (Draft Regulations), are designed to further increase transparency for the wider stakeholder body in connection with pre-packaged Administration business and asset sales to management, sponsors and other connected parties.
How the night time industries could make it through the last months of lockdown
In his address to the nation on Monday afternoon, the Prime Minister set out the government’s roadmap for cautiously easing lockdown restrictions in England. He shared the latest data on infection rates, hospitalisations and deaths, as well as early data showing the efficacy of vaccines.
The roadmap for leaving lockdown, which was published on gov.uk on Monday, seeks to balance health, economic and social factors with the very latest epidemiological data and advice.
In keeping with the general theme of this 'new year', the insolvency division of the English High Court started 2021 in much the same way as it finished off 2020.
It followed up its landmark judgment in Re Tokenhouse VB Limited [2020] EWHC 3171 (Ch) (Tokenhouse) with a decision in the case of Re NMUL Realisations Limited [2021] EWHC 94 (Ch) (NMUL), in ruling that failure to comply with procedural notice provisions did not invalidate the appointment of the administrators.