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    Mainland group subsidiary wound up by the Companies Court: Re Dangdai International Investments Ltd [2023] HKCFI 1347
    2023-05-18

    On 15 May 2023 (with Reasons for Decision delivered on 18 May 2023), the Companies Court made a winding-up order against Dangdai International Investments Ltd (當代國際投資有限公司) (“the Company”) which is in turn wholly owned by Wuhan Dangdai Science & Technology Industries (Group) Company Ltd (武漢當代科技產業集團股份有限公司) (“Wuhan Dangdai”).

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Court of First Instance (Hong Kong)
    Authors:
    Charlie Liu
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    FAQs - Resolution Plans Demystified
    2023-05-18

    The original version of this article was first published in the Trilegal Quarterly Roundup.

    These FAQs delve into some key aspects that prospective resolution applicants must consider while devising a robust resolution plan for a corporate debtor.​

    Filed under:
    India, Insolvency & Restructuring, Trilegal, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Karishma Dodeja , Deepali Verma
    Location:
    India
    Firm:
    Trilegal
    A rehabilitation scheme sanctioned under Sick Industrial Companies Act, 1985 binds all creditors: Supreme Court
    2023-05-18

    The appeal challenged an order (“Impugned Order“) passed by the Delhi High Court in a writ petition (“Writ“) filed by Singer. Vide the Impugned Order, the Division Bench of the High Court had referred the Writ to a larger bench as it doubted the correctness of the judgment in Continental Carbon India Ltd. v. Modi Rubber Ltd., 2012 (131) DRJ 291 (DB) (“Modi Rubber”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Delhi High Court, Supreme Court of India
    Authors:
    Amar Gupta , Divyam Agarwal , Pranav Tanwar
    Location:
    India
    Firm:
    JSA
    Navigating financial insecurities - ten top tips
    2023-05-18

    The current economic landscape is presenting challenges for many businesses. Our restructuring and business advisory specialists have provided a list of ten top tips if your business is facing financial distress.

    The current economic landscape is presenting challenges for many businesses. Our team at Shepherd and Wedderburn is here to help you navigate those challenges.

    Adaptability and resilience have never been more important as many businesses are currently facing ongoing challenges, such as:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Shepherd and Wedderburn LLP, Supply chain, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Fiona McKerrell , Suzanne Knowles
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    English law security - does Avanti Communications change the fixed/floating test?
    2023-05-16

    In the recent case of Re Avanti Communications Ltd (In Administration)1, the High Court considered whether charges granted by a satellite business over certain equipment and intangible assets (the Relevant Assets) were fixed or floating.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, House of Lords
    Authors:
    Adam Pierce
    Location:
    United Kingdom
    Firm:
    Dentons
    Navigating complex voluntary administration appointments: the utility of the Court
    2023-05-16

    In a previous article, 'In case of emergency: Using emergency power provisions to appoint a voluntary administrator' we discussed the use of emergency powers in a company’s constitution to appoint a voluntary administrator to a company, as well as the use of court assistance to cure defects in an appointment.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporations Act 2001 (Australia)
    Authors:
    Peter Bowden , Becci Cartoon
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    CFA decision: exclusive jurisdiction clauses generally trump insolvency proceedings
    2023-05-16

    Re: GUY KWOK-HUNG LAM [2023] HKCFA 9 (date of decision: 4 May 2023)

    Introduction

    In the recent decision in Re Guy Kwok-Hung Lam, the Hong Kong Court of Final Appeal set out the proper approach to a bankruptcy petition where the parties had agreed to submit to the exclusive jurisdiction of a specified foreign court.

    Filed under:
    Asia-Pacific, China, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Further enhancing Singapore’s Judicial Management Regime
    2023-05-16

    1. At the Debt Restructuring in the Asia-Pacific seminar on 22 September 2022 co-organised by Singapore International Commercial Court, INSOL International & INSOL Asia, Singapore’s Second Minister for Law Mr Edwin Tong SC announced that Singapore will be undertaking “a root-and-branch study”[2] of the judicial management regime in Singapore.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Insolvency
    Authors:
    Muhammed Ismail NOORDIN
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    Re Avanti Communications: what level of control over assets is required for a fixed charge?
    2023-05-16

    In its recent judgement in Re Avanti Communications Ltd [2023] EWHC 940 (Ch) ('Avanti') the High Court decided that in some circumstances a charge can take effect as a fixed charge despite the chargor having some flexibility to dispose of assets without the consent of the charge holder.

    Background

    Filed under:
    United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, Shoosmiths LLP
    Authors:
    Anna Richardson
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Securitisation and Cayman Orphan - Part Two
    2023-05-17

    This article is the second in a series of three articles which examine the key features of a securitisation vehicle and the advantages of utilising an Orphan SPV in the Cayman Islands for a securitisation transaction.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Securitization & Structured Finance, Mourant
    Authors:
    Paul Trewartha , Simon Lawrenson
    Location:
    Cayman Islands
    Firm:
    Mourant

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