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    Recognition of foreign “soft-touch” provisional liquidators: Re-affirming the Hong Kong Court’s approach to cross-border insolvency
    2020-04-15

    Re Joint Provisional Liquidators of Moody Technology Holdings Ltd [2020] HKCFI 416

    The Hong Kong Court has explained why there is no inconsistency between: (a) its domestic insolvency law which does not permit the appointment of provisional liquidators purely for the purposes of restructuring the company; and (b) common law recognition of foreign "soft-touch" provisional liquidators.

    What is a soft-touch provisional liquidator?

    Filed under:
    China, European Union, Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, Stephenson Harwood LLP
    Authors:
    Susan Moore , Eloise Matsui , Vivian Lau
    Location:
    China, European Union, Hong Kong, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Going concerns - Surviving the lockdown
    2020-04-16

    Covid-19 has brought about much uncertainty for businesses worldwide and it is timely for a special edition of Going Concerns to provide a "survival guide" in the following jurisdictions Singapore, the People's Republic of China ("PRC"), Hong Kong, United Kingdom and the United Arab Emirates ("UAE"). This special edition will also touch on recent legislation and stimulus packages introduced by governments of the above (where applicable) in response to the Covid-19 outbreak, which will impact both creditors and debtors.

    Survival guide

    Filed under:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom, Banking, Insolvency & Restructuring, Public, Stephenson Harwood LLP, Coronavirus
    Location:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Stephenson Harwood LLP
    2017 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and Other Private Funds
    2017-11-17

    2017 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and

    Other Private Funds

    2017 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity

    Funds and Other Private Funds

    The following annual review and outlook (Annual Review) is a summary of some of the significant changes and developments that occurred in the past year and certain recommended practices that investment advisers to hedge funds, private equity funds and other private funds (collectively, private funds) should consider when preparing for 2018.

    Filed under:
    Central & South America, China, Hong Kong, United Kingdom, USA, New York, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, White Collar Crime, Proskauer Rose LLP, Whistleblower, Security (finance), Hedge funds, Valuation (finance), Professional liability insurance, Commodity Futures Trading Commission (USA)
    Location:
    Central South America, China, Hong Kong, United Kingdom, USA
    Firm:
    Proskauer Rose LLP
    5 Elements for Chinese Companies trading into the UK: Part (5)
    2019-10-23

    In our work with international companies supplying goods to the UK, we see a number of common issues arising regularly. In our previous articles, we explained what happens if a UK customer hits financial difficulties and the powers of insolvency practitioners. In this last of five articles based on the five elements of the Wu Xing, we take the theme of Earth and explain the options to get paid by an insolvent customer, completing the business as usual cycle of supply and payment and thereby restoring balance to your business.

    Filed under:
    China, United Kingdom, Insolvency & Restructuring, King & Wood Mallesons
    Authors:
    Dorothy Murray
    Location:
    China, United Kingdom
    Firm:
    King & Wood Mallesons
    5 Elements for Chinese Companies trading into the UK: Part (4)
    2019-10-22

    In our work with international companies supplying goods to the UK, we see the same issues arising regularly. In Part 3, we examined the types of insolvency process a customer may be subject to. In this fourth of five articles based on the five elements of the Wu Xing, we take the theme of Fire and explain the significant powers that arise for the insolvency practitioner on the entry into insolvency: to investigate propriety and recover assets to the central pool to pay creditors.

    Fire: the great powers of the insolvency practitioner regarding transactions defrauding creditors

    Filed under:
    China, United Kingdom, Insolvency & Restructuring, King & Wood Mallesons
    Authors:
    Dorothy Murray
    Location:
    China, United Kingdom
    Firm:
    King & Wood Mallesons
    Roadmap announced for the introduction this year of a corporate rescue regime in Hong Kong
    2019-01-21

    Hong Kong’s Financial Secretary Paul Chan said last week that there were plans to introduce a bill this year into the city’s Legislative Council to put in place a long-awaited and much needed corporate rescue procedure for Hong Kong.

    Filed under:
    China, Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer
    Authors:
    Nick Stern
    Location:
    China, Hong Kong, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    International News: Brexit & the US Administration - Issue 3 2017
    2017-12-13

    ISSUE 3 2017 FOCUS ON Brexit & the US Administration IN International News The Best Option for Dispute Resolution Brexit and the Free Flow of Data What to Expect from Trump’s FTC and DOJ in Terms of Merger Policy 2 International News EDITOR Andrea Hamilton Partner Brussels +32 2 282 35 15 [email protected] PUBLICATION EDITORS Aileen Devlin Kate Hinze CREATIVE SERVICES Jane Hanlon Cali Stefanos TABLE OF CONTENTS 3 Cross Border M&A: The Impact of Brexit, the Trump Ad

    Filed under:
    China, European Union, Global, United Kingdom, USA, Competition & Antitrust, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Public, Trade & Customs, McDermott Will & Emery, Brexit, Federal Trade Commission (USA), European Economic Area, US Department of Justice, NAFTA, Bilateral investment treaty
    Location:
    China, European Union, Global, United Kingdom, USA
    Firm:
    McDermott Will & Emery
    Across the EUniverse
    2017-03-13

    February 2017 N° 19 Fondo Atlante and the future for the financial institutions Tommaso dalla Massara Some news on insolvency procedures Fabio Marelli EU Commission first draft of ePrivacy Regulation Rocco Panetta Insurance Distribution Directive Guido Foglia ACROSS THE EUNIVERSE 2 In this Issue Editorial Giovanni Moschetta, Bernard O'Connor 3 What's App in Europe 4 Bernard O'Connor The next big thing for European data protection: EU Commission publishes first draft of ePrivacy Regulation to be discussed during GDPR transition period 6 Rocco Panetta, Francesco Armaroli Critical features of

    Filed under:
    China, European Union, France, Germany, Greece, Italy, OECD, Russia, United Kingdom, Banking, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, Nctm Studio Legale, European Commission, European Parliament, EU-Canada Comprehensive Economic and Trade Agreement
    Location:
    China, European Union, France, Germany, Greece, Italy, OECD, Russia, United Kingdom
    Firm:
    Nctm Studio Legale
    China’s Steel Industry Fights For Survival
    2016-01-21

    China is one of the largest manufacturers and consumers of iron and steel products.   The steel industry in China has developed over several decades into the biggest in the world. China accounts for nearly 50% of world steel production. It has been driven by rapid modernization of its economy, construction, infrastructure and manufacturing industries.

    Filed under:
    China, United Kingdom, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs, Consumer protection, Environmental protection, Air pollution
    Authors:
    Quian (Sarah) Xiong
    Location:
    China, United Kingdom
    Firm:
    Squire Patton Boggs
    Creditors and jurisdiction - choose wisely
    2016-03-07

    INTRODUCTION

    The use of trusts for asset protection purposes is well established and – in principle – not improper. However, recent history has seen increasing attempts by creditors to have transfers of assets unwound. A recent UK Supreme Court case saw the Court effectively achieve this by way of a resulting trust finding.1 This article considers the issue from a different angle: insolvency legislation.

    Filed under:
    Cook Islands, Hong Kong, New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Herbert Smith Freehills LLP, Debtor, UK Supreme Court
    Authors:
    Tom Leech , Richard Norridge , Gareth Keillor , Joanna Caen
    Location:
    Cook Islands, Hong Kong, New Zealand, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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