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    New guide to restructuring and insolvency in Mainland China
    2020-08-31

    1. Introduction 

    Filed under:
    China, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Alexander Aitken , Gareth Thomas , Peter Ng , Jojo Fan
    Location:
    China
    Firm:
    Herbert Smith Freehills LLP
    No If, No But - Will an arbitration agreement always trump a winding-up petition?
    2019-08-20

    In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out of online forex futures trading debts.

    Filed under:
    China, Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, UNCITRAL
    Authors:
    Gareth Thomas , Simon Chapman , Philip Lis , Jacob Sin
    Location:
    China, Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Mainland Chinese reorganisation proceedings recognised for the first time in Hong Kong
    2022-01-14

    Hong Kong courts recently recognised reorganisation proceedings in Mainland China for the first time in Re HNA Group Co Limited [2021] HKCFI 2897, further enhancing the cooperation between Mainland China and Hong Kong in cross-border insolvency matters.

    The facts

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Mark Chan
    Location:
    China, Hong Kong
    Firm:
    Taylor Wessing
    Hong Kong and Mainland China cross-border insolvency - new co-operation mechanism applied in recent cases
    2021-09-07

    In May 2021, a landmark co-operation mechanism was implemented between Hong Kong and Mainland China in cross-border insolvency matters.

    Liquidators from Hong Kong can now apply to the courts in three Mainland "pilot cities" (ie Shanghai, Shenzhen and Xiamen) for recognition and assistance, provided that:

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Mark Chan
    Location:
    China, Hong Kong
    Firm:
    Taylor Wessing
    Across the EUniverse
    2017-03-13

    February 2017 N° 19 Fondo Atlante and the future for the financial institutions Tommaso dalla Massara Some news on insolvency procedures Fabio Marelli EU Commission first draft of ePrivacy Regulation Rocco Panetta Insurance Distribution Directive Guido Foglia ACROSS THE EUNIVERSE 2 In this Issue Editorial Giovanni Moschetta, Bernard O'Connor 3 What's App in Europe 4 Bernard O'Connor The next big thing for European data protection: EU Commission publishes first draft of ePrivacy Regulation to be discussed during GDPR transition period 6 Rocco Panetta, Francesco Armaroli Critical features of

    Filed under:
    China, European Union, France, Germany, Greece, Italy, Russia, United Kingdom, Banking, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, Nctm Studio Legale, European Commission, European Parliament
    Location:
    China, European Union, France, Germany, Greece, Italy, Russia, United Kingdom
    Firm:
    Nctm Studio Legale
    Milestone in Cross-Border Insolvency: A Successful Application Under the Pilot Measure from Hong Kong to Mainland China
    2021-09-23

    In Short

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Dan T. Moss
    Location:
    China, Hong Kong
    Firm:
    Jones Day
    Asia restructuring and insolvency briefing - China
    2009-01-15

    Introduction This briefing complements our other publications on corporate restructuring and the sale or purchase of distressed assets.  

    What are the options for companies in financial difficulty in the PRC?  

    Filed under:
    China, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Shareholder, Debtor, Unsecured debt, Accounting, Debt, Liquidation, Balance sheet, Cashflow, Debt restructuring
    Location:
    China
    Firm:
    Norton Rose Fulbright
    The PRC Enterprise Insolvency Law
    2007-04-13

    On 27 August 2006, the PRC National People’s Congress passed a new Enterprise Insolvency Law (the “Law”) after more than a decade’s preparation and debate. The Law, which will become effective on 1 June 2007, introduces a formal insolvency process applying to a wide range of legal entities. The Law only contains general principles which in practice are unlikely to provide sufficient protection to creditors’ interests.

    Scope of application

    Filed under:
    China, Insolvency & Restructuring, Norton Rose Fulbright, Legal personality, Debtor, Debt, State-owned enterprise, Cashflow, Bankruptcy discharge
    Location:
    China
    Firm:
    Norton Rose Fulbright

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