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    Hong Kong's updated corporate Winding-Up regime: what you need to know
    2017-02-10

    The latest piece in the jigsaw of Hong Kong's corporate winding-up regime is the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 ("Amendment Ordinance"), which enters into legal effect as of today, 13 February 2017.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Bird & Bird LLP
    Location:
    Hong Kong
    Firm:
    Bird & Bird LLP
    A focus on dispute resolution in the Year of the Rooster
    2017-02-20

    What’s on the horizon? A focus on dispute resolution in the Year of the Rooster What's on the horizon? A focus on dispute resolution in the Year of the Rooster 1 What to expect in the Year of the Rooster In this bulletin we examine some of the key dispute resolution and regulatory challenges facing business managers, financial controllers, and in-house counsel in the Year of the Rooster. 1.

    Filed under:
    Hong Kong, Arbitration & ADR, Banking, Competition & Antitrust, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Eversheds Sutherland (International) LLP
    Location:
    Hong Kong
    Firm:
    Eversheds Sutherland (International) LLP
    Hong Kong makes changes to corporate insolvency law - this is an ad hoc briefing, and is dated February 2017
    2017-03-01

    New legislation came into force in Hong Kong in eary February which gives the court power to set aside transactions performed at an undervalue. This briefing explains the scope of this new law and the key considerations for directors when approving corporate transactions in order to avoid the risk of incurring personal liability. It is available in English and Chinese.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Freshfields Bruckhaus Deringer
    Authors:
    Georgia Dawson
    Location:
    Hong Kong
    Firm:
    Freshfields Bruckhaus Deringer
    Hong Kong insolvency law update: A happy sequel to the legendary Legend authority
    2017-03-10

    Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited1.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidation
    Authors:
    John M. Marsden , Richard M. Tollan , Thomas A. Pugh , Justine T. K. Lau , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Court of Final Appeal dismisses US$400 million professional negligence action
    2017-03-14

    In Beijing Tong Gang Da Sheng Trade Co., Ltd (as assignee of Greater Beijing Region Expressways Limited) v Allen & Overy & Anor, FACV 2, 3, 4 and 5 of 2016, the Court of Final Appeal held that the addition or substitution of a party to an action amounts to a “new claim”, as defined in section 35(2) of the Limitation Ordinance (Cap 347)) and would not therefore be permitted after the relevant limitation period had expired, unless it came within the rules of court as required under Section 35(3) and (5) of the Limitation Ordinance (Cap 347).

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, Litigation, Deacons, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Deacons
    Liquidator’s Avoidance Power under the New Corporate Insolvency Regime
    2017-03-28

    The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (CAP 32) (the “Amendment Ordinance”) came into force on 13 February 2017. One of the key objectives of the Amendment Ordinance is to increase protection of creditors. Under the Amendment Ordinance, liquidators are given the avoidance power to set aside transactions at an undervalue and unfair preferences. 

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Nicholas Chan
    Location:
    Hong Kong
    Firm:
    Squire Patton Boggs
    Singapore and Hong Kong: Bridging Gaps In International And Domestic Restructuring And Insolvency Regimes
    2017-03-29

    Rian Matthews and Kate Ballantine-Dykes from Baker McKenzie have published an article entitled “Common law to the rescue: bridging gaps in international and domestic restructuring and insolvency regimes” in Corporate Rescue and Insolvency.

    Filed under:
    Hong Kong, Singapore, Insolvency & Restructuring, Litigation, Baker McKenzie, Singapore High Court
    Authors:
    Rian Matthews
    Location:
    Hong Kong, Singapore
    Firm:
    Baker McKenzie
    Accountant-trustees 'released' from final appeal
    2016-10-25
    • Introduction
    • Application for permission to appeal
    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, Bankruptcy, Breach of contract, Negligence, Deloitte, Trustee, Court of Appeal of England & Wales, Court of Final Appeal (Hong Kong)
    Authors:
    David Smyth , Amy Chung
    Location:
    Hong Kong
    Firm:
    RPC
    Court of Appeal confirms that Court does have jurisdiction to grant leave to amend a creditor’s winding-up petition to include debts accrued after its presentation
    2016-10-27

    In Re Hin-Pro International Logistics Ltd, CACV 54/2016, the Court of Appeal upheld the Court of First Instance (CFI) decision that the courtdoes have jurisdiction to grant leave to amend a creditor’s winding-up petition, to include debts accruedafter its presentation. The company had been granted leave to appeal the CFI decision to enable the Court of Appeal to consider whether the rule in Eshelby v Federated European Bank Ltd [1932] 1 KB 254 (the Eshelby Rule), still applied.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Deacons, Liquidation, Court of Appeal of England & Wales
    Location:
    Hong Kong
    Firm:
    Deacons
    Important Changes under the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016-Part 2: Streamlining the Winding Up Process
    2016-10-27

    This is the second in a series of articles highlighting the changes to be brought in by the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (Amendment Ordinance), which was gazetted on 3 June 2016 and will come into effect on a date to be appointed by the Secretary for Financial Services and the Treasury.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Deacons
    Authors:
    Richard Hudson
    Location:
    Hong Kong
    Firm:
    Deacons

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