簡介
在香港，公司可透過自願或強制清盤方式進行清盤。在債權人自願清盤中，債權人有權監督及參與清盤過程，包括委任清盤人。然而，債權人之間可能會出現爭議，而部分債權人可能希望清盤程序在法院批准下進行。最近在Re Samwell Spare Parts Limited (In Creditors’ Voluntary Liquidation) [2022] HKCFI 2851一案中，法院再次探討關於將自願清盤轉為強制清盤的法律原則。
案情
迅澤航空備件有限公司（「該公司」）因為一項局部仲裁裁決而結欠Airbus Helicopters China HK Limited（「呈請人」）一筆重大債務。該公司通過一項特別決議案，以債權人自願清盤方式將該公司清盤。於債權人會議舉行時，另一陣營佔債務總額超過50% 的關連債權人（「關連債權人」）委任了他們選擇的清盤人（「清盤人」）。
The approach of the Cayman Grand Court to the terms and timing of the discharge of provisional liquidators taken inIn the Matter of Star International Drilling Ltd may provide a window into what is expected to be a similarly flexible approach to the appointment of restructuring officers.(1)
Good evening.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 26, 2022.
On 28 September 2022, the Federal Government, through the Parliamentary Joint Committee on Corporations and Financial Services (PJC), began an inquiry into corporate insolvency in Australia.
The announcement follows calls from industry for a ‘root and branch’ review of corporate insolvency law in Australia.
Submissions are open until 30 November 2022 and the PJC intends to table a report to Parliament by 30 May 2023.
Introduction
The purchase and sale of assets by a debtor is governed by Section 363 of the Bankruptcy Code. So-called “363 sales” are typically attractive from a buyer’s perspective (and may be a primary reason for a bankruptcy filing). Perhaps the most important benefit afforded to buyers in 363 sales is the ability to acquire assets “free and clear” of claims and interests of third parties.
Between the lines... For Private Circulation-Educational & Information purpose only Vaish Associates Advocates… Distinct. By Experience. I. NCLAT: Moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016 is no bar for initiation of proceedings under Section 66 of the IBC. The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”) has in its judgment dated August 4, 2022 in the matter of Rakesh Kumar Jain v. Jagdish Singh Nain and Others [Company Appeal (AT) (Ins.) No.
The Parliamentary Joint Committee on Corporations and Financial Services has commenced an inquiry into Australia’s corporate insolvency regime. The inquiry, due to be completed by 30 May 2023, will examine the effectiveness of the current regime and consider potential reform.
Key takeaways
The 5 (five) judge bench of the National Company Law Appellate Tribunal (“NCLAT”) has recently decided the long- standing issue of whether re-presentation of appeal constitutes a fresh filing before the NCLAT and its implication on the period of limitation. The NCLAT has held, inter alia, that ‘re-filing’ an appeal (after curing defects) beyond the prescribed 7 (seven) days period will not amount to a ‘fresh filing’ for the purposes of the limitation.
Facts
Having acted for employers on four projects in the past year where the main contractors have become insolvent, here are my 15 top actions for employers to consider when faced with main contractor insolvency.