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    Float like a butterfly, sting like a bee: is your floating charge valid?
    2023-01-31

    In the current times of financial stress, a borrower seeking to renegotiate or refinance existing financing arrangements may be asked by its lender to enhance or refresh its security package through the grant of a new floating charge.

    The question of whether a floating charge can be avoided due to section 245 of the Insolvency Act 1986 ("IA 1986") can arise in such a context.

    Void floating charges under section 245 of the IA 1986

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Insolvency Act 1986 (UK)
    Authors:
    Will Rowling , Charlotte Drake , James Linforth
    Location:
    United Kingdom
    Firm:
    Stephenson Harwood LLP
    When is an Event of Default no longer "continuing" under the ISDA Master Agreement?
    2022-11-30

    When an Event of Default is "continuing" is not defined or addressed in the ISDA Master Agreement. Until now it does not appear to have been expressly considered in case law either.

    Filed under:
    European Union, United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, International Swaps and Derivatives Association
    Authors:
    Edward Davis , Rebecca Garrick
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Clear as mud
    2022-10-21

    As the tile suggests the state of recognition and assistance jurisprudence & practice in Hong Kong is less than clear. This follows the recent (mostly) conflicting 1st instance decisions of Up Energy and Global Brands. Here are my views about (i) what I believe is settled; (ii) the points of judicial difference; and (iii) what remains unclear.

    Settled

    Filed under:
    Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Stephenson Harwood LLP, Insolvency
    Authors:
    Jamie Stranger
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Directors' duties prior to insolvency
    2022-10-07

    The Supreme Court has handed down its long-awaited judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25.

    Basic facts

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Insolvency, UK Supreme Court
    Authors:
    Nick Axup , Ian Benjamin , Julian Cahn , Tim Crocker , Tal Goldsmith
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Going concerns - August 2022
    2022-08-17

    In the latest edition of Going concerns, Stephenson Harwood's restructuring and insolvency team covers the use of lock-up agreements in schemes of arrangements, and the developments in Singapore and Hong Kong as regards recognition of foreign insolvencies. Our final article is a must-read for lenders, discussing the circumstances under which security may be unwound as a undervalued transaction.

    Content

    Filed under:
    Asia-Pacific, Global, Hong Kong, Singapore, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Coronavirus, Insolvency
    Location:
    Asia-Pacific, Global, Hong Kong, Singapore
    Firm:
    Stephenson Harwood LLP
    A guide to restructuring and insolvency issues and procedures in Hong Kong
    2022-07-20

    Hong Kong’s insolvency regime is based mainly on that of the United Kingdom. The legislation concerning corporate insolvency is contained largely in the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) (“CWUMPO”) and the Companies (Winding-up) Rules. The corporate insolvency and winding up provisions in the legislation are broadly based on the Companies Act 1929 and the Companies Act 1948 of the UK. The last major amendment of those provisions was made in 2016. 

    A guide to restructuring and insolvency issues and procedures in Hong Kong

    Contents

    Filed under:
    Asia-Pacific, China, Global, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Mediation, Securities and Futures Commission (Hong Kong)
    Location:
    Asia-Pacific, China, Global, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Cross-border insolvency - Hong Kong Court confirms common law recognition and assistance does not extend to solvent liquidations
    2022-07-13

    Seahawk China Dynamic Fund [2022] HKCFI 1994 (date of reasons for decision: 4 July 2022)

    Introduction

    Filed under:
    Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP
    Authors:
    Alexander Tang , Karis Yip
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Global Brands - common law foreign recognition regime is alive and well, with a new COMI test introduced
    2022-06-30

    In the matter of an application for recognition and assistance by the provisional liquidator of Global Brands Group Holding Limited (in liquidation) [2022] HKCFI 1789 (date of decision: 23 June 2022)

    The Hong Kong Court has recently granted recognition and assistance to the Bermuda provisional liquidator of Global Brands Group Holding Limited (in liquidation) (Global Brands / Company). Stephenson Harwood acted for the provisional liquidator.

    Filed under:
    Asia-Pacific, China, Global, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Coronavirus
    Authors:
    Eloise Matsui , Vivian Lau
    Location:
    Asia-Pacific, China, Global, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Cross border insolvency - The Court of Final Appeal clarifies the second core requirement in Shandong Chenming case
    2022-06-28

    Shandong Chenming Paper Holdings Limited v Arjowiggins HKK 2 Limited [2022] HKCFA 11 (date of judgment 14 June 2022)

    Introduction

    Filed under:
    Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    Rare Earth - careful planning is needed to ensure schemes of arrangement have their intended effect
    2022-06-17

    In the matter of Rare Earth Magnesium Technology Group (provisional liquidators appointed) (for restructuring purposes only) [2022] HKCFI 1686 (date of judgment: 6 June 2022)

    Filed under:
    Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Coronavirus
    Authors:
    Eloise Matsui
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP

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