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    Going concerns - July 2021
    2021-07-14

    In this edition of the Going concerns, our Stephenson Harwood restructuring and insolvency team provides a brief update on the newest developments in Singapore, UK and Hong Kong. For Singapore, we update on the "conflict" between the admiralty and insolvency regimes while our London team provides an update on the cutting-edge Part 26A restructuring plans. Last but certainly not least, our Hong Kong team dissects and discusses the significance and impact of the new cooperation mechanism for Hong Kong liquidators and Mainland administrators to seek mutual recognition and assistance.

    Filed under:
    Asia-Pacific, China, European Union, Hong Kong, Singapore, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Coronavirus
    Location:
    Asia-Pacific, China, European Union, Hong Kong, Singapore, United Kingdom
    Firm:
    Stephenson Harwood LLP
    中国内地与香港的公司跨境清盘试点机制
    2021-07-09

    导言

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Rachel Yu , Lu Ruyin , Jiao Huang Shi Yun , Hao Zhaohui (Daryl) , Edmund Wan
    Location:
    China, Hong Kong
    Firm:
    King & Wood Mallesons
    Pilot Mechanism in cross-border insolvency
    2021-07-09

    Introduction

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Jiao Huang Shi Yun , Lu Ruyin , Edmund Wan , Rachel Yu , Hao Zhaohui (Daryl)
    Location:
    China, Hong Kong
    Firm:
    King & Wood Mallesons
    Cooperation Arrangement for Cross-border Corporate Insolvency and Debt Restructuring Proceedings Established between Mainland China and Hong Kong
    2021-07-06

    A new cooperation arrangement for mutual recognition of and assistance to cross-border corporate insolvency and debt restructuring proceedings has been established between Mainland China and Hong Kong (the Cooperation Arrangement).

    The Cooperation Arrangement is provided in a Record of Meeting on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) proceedings between the Courts of the Mainland and of the Hong Kong Special Administrative Region (the ROM) signed by the Mainland’s Supreme People's Court (SPC) and Hong Kong’s Department of Justice on 14 May 2021.

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Thomas S. T. So , Vivien S. K. Yip , Evan J. S. Zhou
    Location:
    China, Hong Kong
    Firm:
    Mayer Brown
    China and Hong Kong: Mainland and Hong Kong agree framework for mutual judicial recognition and assistance in corporate insolvency and debt restructuring
    2021-06-28

    In brief

    On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring.  Under the Framework:

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kwun-Yee Cheung , Edmund Ma
    Location:
    China, Hong Kong
    Firm:
    Baker McKenzie
    Re China All Access Limited: Recognition of Hong Kong appointed liquidators in the Mainland
    2021-06-28

    In Re China Huiyuan Juice Group Limited [2020] HKCFI 2940, Harris J discussed in detail the difficulties which liquidators appointed in Hong Kong over a foreign incorporated holding company may have in obtaining control of operating subsidiaries in the Mainland, if the group’s structure includes intermediate subsidiaries incorporated in the British Virgin Islands (the “BVI”).

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Des Voeux Chambers
    Authors:
    Rosa Lee
    Location:
    China, Hong Kong
    Firm:
    Des Voeux Chambers
    International: Restructuring & Insolvency Update - Mutual recognition of insolvency proceedings in Hong Kong & Mainland China
    2021-06-18

    In brief

    On 14 May 2021, the Supreme People's Court of the PRC (SPC) and the Government of the Hong Kong Special Administrative Region (HKSAR)  signed a Record of Meeting setting out a framework to facilitate the mutual recognition of and assistance to insolvency proceedings between Mainland China and Hong Kong ("Arrangement"). The Record of Meeting is supplemented by the SPC's Opinion and the HKSAR Government's Practical Guide, which together provide the "Framework". 

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Supreme People's Court
    Authors:
    Bevis Metcalfe , Priyanka Usmani
    Location:
    China, Hong Kong
    Firm:
    Baker McKenzie
    The Court of Final Appeal's decision on void disposition
    2021-06-08

    Hsin Chong Construction Company Limited (in liquidation) v Build King Construction Limited [2021] HKCFA 14 (judgment dated 13 May 2021)

    Introduction

    Filed under:
    Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP
    Authors:
    Alexander Tang
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    COVID-19 Government Intervention Schemes
    2021-06-01

    COVID-19

    Government Intervention Schemes

    Current as of 21 May 2021

    Government Intervention Schemes

    COVID-19 Government Intervention Schemes 2

    Countries around the globe are facing unprecedented and rapid change due to the COVID-19 pandemic. This guide provides a summary of key government interventions around the globe in relation to: EU State Aid Approvals (for EMEA region), foreign investment restrictions, debt, equity and taxation.

    Filed under:
    Canada, China, European Union, Hungary, United Kingdom, USA, Agriculture, Banking, Capital Markets, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Media & Entertainment, Tax, Baker McKenzie, Libor, Private equity, Venture capital, Supply chain, Telemedicine, Cloud computing, Fourth Amendment, State aid, Artificial intelligence, Digital transformation, Digital economy, Euribor, Force majeure, Agribusiness, Merger control, Cybersecurity, Coronavirus, Personal protective equipment, Paycheck Protection Program, US Securities and Exchange Commission, European Commission, HM Revenue and Customs (UK), Small Business Administration (USA), Committee on Foreign Investment in the United States, European Free Trade Association, Bank of England, Leahy-Smith America Invents Act 2011 (USA), Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA)
    Location:
    Canada, China, European Union, Hungary, United Kingdom, USA
    Firm:
    Baker McKenzie
    Milestone in Hong Kong-Mainland China cross border insolvency: Mutual recognition of and assistance to Insolvency Proceedings between Hong Kong and Mainland China
    2021-05-31

    On 14 May 2021, Hong Kong’s Secretary for Justice and the Vice-President of the Supreme People’s Court (SPC) signed a record of meeting concerning mutual recognition of and assistance to insolvency proceedings between the courts of Mainland China and Hong Kong (Record of Meeting), which signifies the consensus on the mutual recognition of and assistance to insolvency proceedings between the two jurisdictions in accordance with the principle of reciprocity and with a view to promoting closer cross-border judicial cooperation on insolvency matters.

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Deacons
    Authors:
    Adeline Ng , Richard Hudson
    Location:
    China, Hong Kong
    Firm:
    Deacons

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