简介
在 2022 年 12 月，中国最终结束了长达 3 年的新冠疫情遏制措施。作为按名义 GDP 计算的世界第二大经济体和按购买力平价计算的最大经济体，世界一直在屏息期待着中国经济在推动全球经济反弹中做出贡献。
尽管中国在 2023 年第一季度实现了4.5% 的增长，但信号仍然喜忧参半。 《南华早报》2023 年 4 月 30 日报道称，中国制造业采购经理人指数下探 49.2，为改革开放后的最低水平。 文章称，国家统计局的一位高级经济师认为，4月份下滑的主要原因是“市场需求不足和一季度制造业快速复苏的高基数效应”。 这显示，中国的提振效应需要时间来沉淀。 与此同时，许多公司和企业集团可能在陷入困境并寻求整顿、重组或清算。 这其中不乏在全球各地都有投资和业务的公司和企业集团。
Introduction
The law is constantly developing to fit the ever-changing world. Most recently, with the digitalisation of the commercial landscape and the proliferation of cryptocurrencies, NFTs and metaverse-related businesses, the courts have had to apply or adapt the law to deal with novel situations. This was the case in Re Babel Holding Ltd and other matters [2023] SGHC 98, where the Singapore High Court had to apply restructuring and insolvency law in the context of a cryptocurrency-related business.
Introduction
When a company enters financial trouble, the Singapore restructuring and insolvency framework provides a number of avenues through which the rights of the company's creditors may be addressed. Amongst these avenues, receivers may be appointed pursuant to an instrument to enforce a secured creditor's rights. Judicial managers may also be appointed by the Court to manage the business and assets of the company.
Summary
The role of the liquidator is to realise the assets of the company and from the sale proceeds, pay off creditors of the company. If a difficulty arises in the course of his administration of the winding up, the liquidator may apply to the winding up court for directions.
Introduction
Singapore's bankruptcy and insolvency laws have been undergoing a structured reform in order to modernise the insolvency regime. As part of this reform, the personal bankruptcy regime has been moving towards administration by Private Trustees in Bankruptcy ("PTIBs") instead of by the Official Assignee ("OA").
Introduction
The questions of who has priority over a bankrupt's assets and precisely when the priority arises are important ones in bankruptcy. For judgment creditors who have already taken steps towards enforcement, the answer affects whether they will have prior rights to the bankrupt's property, ahead of the bankrupt's other creditors.
Introduction
When a company is being wound up or is in judicial management, the Court may – upon the application of the liquidator, the judicial manager, or a creditor – order the production of documents or information relating to the company, as well as the attendance of the company's officers and the people holding the relevant books and records. This facilitates the obtaining of documents or information for the purpose of determining the reasons for the company's demise.
Introduction
On 5 October 2022, the UK Supreme Court delivered its long-awaited judgment in BTI 2014 LLC v. Sequana SA and others [2022] UKSC 25 ("Sequana Case") which concerns the question of the trigger point when directors must have regard to the interests of creditors ("Creditor Duty"). This case raised questions of considerable importance for Malaysian company law.
Introduction
Businesses are increasingly spreading their footprint across jurisdictions, be it through the diversified locations of their assets or operations. What this means is that, if and when the need to resolve financial distress arises, such businesses may need to select a forum that will serve as an effective base for the management of the cross-border legal issues.
Introduction
When a company commences winding-up, the disposition of its property and the transfer of shares in the company is void, unless the Court otherwise orders. Under what conditions will the Court allow such disposition or transfer? This was the question in Ong Boon Chuan v Tong Guan Food Products Pte Ltd [2022] SGHC 181, when the Singapore High Court was faced with an application for the sale and transfer of shares in an insolvent company ("Company").