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    P&I Priority Over a Ship Mortgage: Meet the New Crew Claimants
    2016-09-07

    Cases of vessel and crew abandonment are increasingly in the headlines, as freight rates sink to levels that can fail to cover shipowners' operating expenses.

    Filed under:
    Hong Kong, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Shipping & Transport, Mayer Brown
    Authors:
    Bill Amos
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    The Bermuda restructuring JPL: super flexible and key to monitor company driven restructurings
    2016-09-30

    JPLs play an unheralded but crucial mediating role in Bermuda

    Filed under:
    Hong Kong, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Harneys
    Authors:
    Ian Mann , Jayson Wood
    Location:
    Hong Kong, United Kingdom
    Firm:
    Harneys
    Recovery and resolution planning: Hong Kong update and briefing note
    2015-11-20

    Freshfields Bruckhaus Deringer Recovery and resolution planning October 2015 1 The Financial Services and the Treasury Bureau of the Hong Kong Government (FSTB) in conjunction with the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission (SFC), and the Insurance Authority (IA)1 on 9 October 2015 published a paper entitled An Effective Resolution Regime for Financial Institutions in Hong Kong: Consultation Response and Certain Further Issues (CP3).2 Background Following from the recent global financial crisis, the G20 tasked the Financial Stability Board (FSB) with

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer, Securities and Futures Commission (Hong Kong), Hong Kong Monetary Authority
    Location:
    Hong Kong
    Firm:
    Freshfields Bruckhaus Deringer
    Hong Kong court casts doubt on the ability of minority lenders to enforce independently
    2015-07-29

    It has long been considered that lenders under a syndicated facility retain a right to seek to recover their portion of a loan directly following a payment default, typically by seeking the winding up of obligors. This is based on the several nature of the rights of finance parties which appears in clause 2 of the standard LMA terms. 

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Joe Bannister , Owen Chan , Stuart Tait , Allan Wardrop
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Too big to fail: Hong Kong’s proposed resolution regime for financial institutions
    2014-05-20

    In the wake of the global financial crisis, Hong Kong’s key financial regulators, the Financial Services and the Treasury Bureau, the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission (SFC) and the Insurance Authority (IA), have jointly issued a consultation paper (Paper) that outlines proposals for establishing a resolution regime for significant financial institutions (FIs) that are in crisis or likely to collapse.

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Insurance, King & Wood Mallesons, Financial Stability Board, Securities and Futures Commission (Hong Kong)
    Authors:
    Denis Brock
    Location:
    Hong Kong
    Firm:
    King & Wood Mallesons
    A resolution regime of financial institutions in Hong Kong
    2014-01-17

    On 7 January 2014 the Financial Services and Treasury Bureau of the Hong Kong Government (FSTB), in conjunction with the Hong Kong Monetary Authority (HKMA), Securities and Futures Commission (SFC) and the Insurance Authority (IA), issued a first stage consultation regarding the introduction of a resolution regime for financial institutions in Hong Kong (the “Consultation”). The Consultation initiates a discussion as to the regulatory structure and principles that would be required to establish an effective resolution regime for financial institutions in Hong Kong.

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Mayer Brown, Financial Stability Board, Securities and Futures Commission (Hong Kong)
    Authors:
    John M. Marsden , Jennifer Colegate
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    True sale or not - the nature of the factoring agreement
    2012-02-17

    Did you know...

    it has been argued that a factoring arrangement over invoices of a company could be challenged as a charge over book debts and thus is void against liquidators of the company unless registered under section 80 of the Companies Ordinance.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Accounts receivable
    Authors:
    John M. Marsden , Sally Mui , Phoebe K.Y Lo
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Hungary wants to become creditor-friendly
    2015-12-10

    The Hungarian Ministry of Justice acknowledged the recent criticism aimed at the difficulties regarding the enforcement of monetary claims in the country and plans to amend the relevant laws to make creditors' lives easier. As currently envisaged, these amendments will in the near future change such fundamental laws as the Civil Code, the act on court enforcement, and the act on insolvency and bankruptcy proceedings. This article provides a summary of the envisaged amendments.
     
    Civil Code

    Filed under:
    Hungary, Banking, Insolvency & Restructuring, Schoenherr, Debtor
    Authors:
    Gergely Szalóki
    Location:
    Hungary
    Firm:
    Schoenherr
    Could a future claim pledged with a floating charge grant a privileged position? Hungarian Supreme Court gives an unfavourable answer for secured creditors
    2017-03-01

    The Facts

    The debtor borrowed significantly from leading domestic investment banks to finance a major construction project. The loan was secured by a pledge established on all of the debtor’s existing and future claims, including rental fees arising from an office building owned by the debtor.

    What Happens to Pledges over Receivables when the Pledgor goes into Liquidation?

    Filed under:
    Hungary, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Torsten Braner
    Location:
    Hungary
    Firm:
    Taylor Wessing
    Proposed changes to the Hungarian Bankruptcy Code
    2017-05-05

    A draft bill on amendment to the Bankruptcy Code (Act XLIX of 1991 on bankruptcy proceedings and liquidation proceedings) was introduced into the Parliament on 12 April 2017 and is currently under review. If the draft bill was approved and published, the new rules would be applicable to the new liquidation proceedings and to new management liability related lawsuits. Lawmakers would grant a 2-month period to prepare for the changes.

    Key areas for change are:

    1. Fiduciary security interests would be elevated to the same level as pledge-type security

    Filed under:
    Hungary, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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