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    LLPs: who can apply to wind up?
    2010-03-22

    In the current economic climate, LLPs and their members are being forced to grapple with insolvency legislation. Applying the provisions of the corporate insolvency regime established by the Insolvency Act 1986 to LLPs is not straightforward. One of the issues is whether an individual member can apply to wind up an LLP.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Herbert Smith Freehills LLP, Limited liability partnership, Economy, Liquidation, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Review of 2009 and preview of 2010
    2010-01-15

    The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Tax, Telecoms, White Collar Crime, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Banking Act 2009 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court's jurisdiction to make orders under Section 221 of the Companies Ordinance confirmed
    2007-01-15

    Hong Kong's highest court has recently considered the extent of the court's sweeping jurisdiction under section 221 of the Companies Ordinance, which enables it (amongst other things) to compel companies in liquidation to produce documents and for individuals to be examined on oath. The case will be welcomed by liquidators given that the court unanimously confirmed that it has jurisdiction to make such orders under this "extraordinary" section.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Public consultations, Legal burden of proof, Witness, Liquidation, Involuntary dismissal, Subpoena, Liquidator (law), Subsidiary, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - June 2013 - A summary of major developments in key areas
    2013-06-21

     

    The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (Regulations) to amend the structure of UK annual reports have been published and laid before Parliament.

    Filed under:
    Australia, European Union, Singapore, United Kingdom, USA, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Intellectual Property, Internet & Social Media, Litigation, Public, Real Estate, Telecoms, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Singapore, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    A summary of major developments in key areas
    2013-03-07

    The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and directors' remuneration in the last few months.

    Filed under:
    Australia, European Union, Indonesia, Myanmar, United Kingdom, Banking, Company & Commercial, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Tax, Telecoms, Trade & Customs, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Indonesia, Myanmar, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview 2013 (UK law)
    2013-01-15

    2013 will herald some significant changes to the UK legal arena, notably in the corporate area in relation to executive remuneration and narrative reporting, in dispute resolution as the Government's reforms to the civil litigation costs and funding regime are due to be implemented and in the energy, real estate and construction areas where there are major changes to the carbon reduction commitment energy efficiency scheme, further amendments to the Community Infrastructure Levy Regulations, the introduction of the Growth and Infrastructure Bill and various amendments to the Building Regula

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Media & Entertainment, Patents, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General Counsel update - legal guide edition 32
    2012-11-29

    Changes to the Listing Rules and further consultation on enhancing the effectiveness of the regime

    Filed under:
    Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom, Banking, Capital Markets, Company & Commercial, Construction, Corporate Finance/M&A, Employment & Labor, Franchising, Insolvency & Restructuring, Intellectual Property, Litigation, Telecoms, Herbert Smith Freehills LLP
    Location:
    Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General counsel update: 31 May 2012
    2012-05-31

    This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas.

    Filed under:
    Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Employee Benefits & Pensions, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Internet & Social Media, Litigation, Media & Entertainment, Projects & Procurement, Real Estate, Trademarks, White Collar Crime, Herbert Smith Freehills LLP
    Location:
    Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Guilty but unaware? Potential criminal and civil sanctions in the UAE against directors of companies in financial difficulties
    2010-11-16

    In our October 2010 edition of Middle East Exchange, we looked at the general duties which directors and managers of UAE companies owe to their companies and their shareholders. In this edition, we consider the position where the company's financial position deteriorates. As directors or managers struggle with the inevitable commercial and operational pressures, what additional legal responsibilities and potential liabilities does UAE law place upon them?

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Herbert Smith Freehills LLP, Conflict of interest, Bankruptcy, Shareholder, Board of directors, Market liquidity, Liability (financial accounting), Good faith, Cashflow, Articles of association, Annual general meeting
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    Stop, collaborate and listen: first recognition and assistance granted to Mainland liquidators in Hong Kong
    2020-01-24

    In a long-awaited development of cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has granted recognition and assistance to Mainland liquidators for the first time in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167.

    Background

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Dominic Geiser , Alexander Aitken , Philip Lis , Priya Aswani
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP

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