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Newsletters & Updates

2020-12

The recognition of an offshore provisional liquidation does not automatically stay proceedings in Hong Kong

2020-11

What liquidators need to report to the Official Receiver on directors’ conduct – the new requirements

2020-11

Latest on the corporate rescue bill

2020-10

How should liquidators deal with a request to deliver up documents after being discharged from office?

2020-09

Court of Appeal confirms that “leverage” created by the prospect of a winding-up order amounts to a sufficient benefit to those applying for it

2020-08

Is it necessary for the beneficiary of a debt under a trust to join the trustee as a party to a petition to wind up a company?

2020-08

ONC Corporate Disputes and Insolvency Quarterly

2020-07

Creditor’s interest – the key consideration in an application to stay a winding-up order pending appeal

2020-07

SCAA - Advising Companies in Financial Difficulties

2020-06

Is the court’s sanction required for litigation funding agreements?

2020-05

Transfer of business and insolvency

2020-04

How to dispute an “indisputable” debt? Implied term can defeat a winding-up petition

2020-03

Is minority discount applicable for a minority shareholding in a non-quasi-partnership company? Valuable lights shed by Singapore Court

2020-02

COVID-19 SPECIAL: For companies on the brink of insolvency, what directors should and should not do to avoid personal liability

2020-01

Which court should be the forum for transaction at an undervalue proceedings if the bankrupt’s asset is located outside Hong Kong?

2019-12

The requisite intention to gift must be proved to establish transaction at undervalue on the basis of gift

2019-11

Cross-border restructuring – are parallel schemes still worth pursuing?

2019-10

How to assess whether a series of complicated transactions entered into by a bankrupt were at an undervalue or with intent to defraud creditors?

2019-09

Is arbitration clause an absolute bar to winding-up petition? The latest position after the Lasmos case

2019-08

Proving dishonesty and “blind-eye knowledge” in fraud-related causes of action against bank creditor

2019-07

Claiming damages in addition to setting aside void disposition in insolvency

2019-07

ONC Corporate Disputes and Insolvency Quarterly

2019-06

Does removing an insolvent party from a joint venture infringe the anti-deprivation rule?

2019-05

The first recognition of Japanese insolvency proceedings in Hong Kong

2019-04

Singapore court recognised US bankruptcy proceedings as foreign main proceedings despite company being registered in Singapore

2019-03

ONC Corporate Disputes and Insolvency Quarterly

2019-02

Will a shareholder’s failure to serve adequate notice on the company result in dismissal of his application to commence statutory derivative action?

2019-01

What happens when a creditor petitions to wind up a company already subject to an unfair prejudice petition?

2018-12

Would discharge of a Hong Kong bankruptcy operate to discharge a debt in PRC?

2018-11

Application of the pari passu principle in distribution of foreign assets which are not freely transferable

2018-10

How are Official Receiver’s fees calculated? An interpretation of “realisation of assets” by the court

2018-09

Can contingent creditors vote in creditors’ meeting in a scheme of arrangement?

2018-06

Revival of dissolved companies to distribute overlooked assets and the locus standi to make such application

2018-05

Recognition order in respect of the foreign liquidator’s request for transfer of assets in Hong Kong

2018-04

ONC Corporate Disputes and Insolvency Quarterly - April 2018

2018-03

Is an arbitration agreement a bar to presentation of winding-up petition? The latest Hong Kong position

2018-02

Recognition order granted to foreign insolvent liquidation commenced by a shareholders’ resolution

2018-01

Litigation funders – how early would their identity be disclosed in a litigation?

2018-01

ONC Corporate Disputes and Insolvency Quarterly - January 2018

2017-12

First application for super priority rescue financing in Singapore refused

2017-11

Auditors Failed to Strike Out Liquidators’ Claim for Negligence

2017-10

ONC Corporate Disputes and Insolvency Quarterly - Oct 2017

2017-10

Scheme of Arrangement – No Circumvention of Statutory Hurdles

2017-09

Costs Consequence Following an Unsuccessful Appeal of a Winding Up Order

2017-08

Liquidator’s Dilemma – Recovery Action and Security for Costs

2017-08

Courts Willing to Moderate Core Requirements for Winding-up Non-Hong Kong Companies When the Situation Calls For It

2017-07

ONC Corporate Disputes and Insolvency Quarterly - Jul 2017

2017-07

Principles Applicable in Public Interest Winding-up of Foreign Companies

2017-06

Difficulties in Cross-border Insolvency – Liquidator’s Application for Production of Documents in the PRC

2017-05

How to Save an Otherwise Viable Company That Suffered From a Sudden Heavy Financial Loss?

2017-04

The Singapore’s Companies (Amendment) Bill 2017 on Cross-Border Insolvency – Lessons for Hong Kong?

2017-04

ONC Corporate Disputes and Insolvency Quarterly - April 2017

2017-03

A Company Incorporated in Bermuda with Assets in Hong Kong May Appoint Provisional Liquidators in Bermuda for Restructuring Purposes

2017-03

“No-fault Divorce” is Not a Ground for Winding Up and an Unmeritorious Application for Appointment of Provisional Liquidator Could Attract an Indemnity Costs Order

2017-02

Creation of Beneficial Interest in Jurisdiction Not Recognising Trust and Its Destruction by Post Winding-up Disposition

2017-02

By Request Only: Foreign Liquidators’ Rights to Receive Information from Third Parties in Hong Kong

2017-01

What Can Persons Aggrieved by Acts or Decisions of the Liquidator Do?

2017-01

ONC Corporate Disputes and Insolvency Quarterly - January 2017

2016-12

Hong Kong Court of Appeal Departs from English Authorities and Imposes Stricter Liabilities on Intermediaries Involved in Post-Petition Transactions

2016-11

Creditor’s Winding-up Petition: Does the Court Have Jurisdiction to Grant Leave to Petitioner to Amend a Creditor’s Winding-up Petition to Include Debts which Accrued After Its Presentation?

2016-10

The Court’s Willingness to Grant Foreign Liquidators Orders for Recognition and Assistance and Orders for Production of Documents

2016-10

ONC Corporate Disputes and Insolvency Quarterly - Oct 2016

2016-09

Recognition of Foreign Liquidators or Bankruptcy Trustees from Jurisdictions Other Than the Place of Incorporation of the Company

2016-09

The Court’s Power to Summon Shareholders’ Meeting: Can Shareholders of the Same Class be Excluded?

2016-08

English Court of Appeal Clarifies the Approach in Granting Validation Orders

2016-07

ONC Corporate Disputes and Insolvency Quarterly - Jul 2016

2016-07

Consumer Prepayments – What Happens When a Retailer Goes Bust?

2016-06

A Bankrupt Retains Legal Professional Privilege in Documents Which Form Part of His Estate

2016-05

To What Extent Should Directors Be Liable for Insolvent Trading? Lessons from Australia’s Proposed Reform

2016-04

Court of Final Appeal Unable to Agree on Sushi Battle

2016-04

ONC Corporate Disputes and Insolvency Quarterly - April 2016

2016-03

Enforcing Private Examination Order by Contempt Proceedings

2016-03

Can the Common Understanding Amongst the First Generation Partners Pass on to the Second Generation?

2016-02

Can I Apply to Stay a Winding-up Petition in Favour of Arbitration?

2016-01

ONC Corporate Disputes and Insolvency Quarterly - Jan 2016

2016-01

Privy Council Holds Backward Tracing Available in Fraud Cases

2015-12

Third Party Funding - Commercial Funding Arrangements for Companies in Liquidation

2015-11

Necessary Requirements for Appointing Interim Receivers on Ex parte Basis

2015-10

Do I Become Owner of the Secret Commission Received by My Agent From Third Party in Breach of His Fiduciary Duty?

2015-09

Revisiting the Necessary Conditions for Establishing Jurisdiction to Wind Up a Foreign Company

2015-08

Disputing a Winding Up Petition - Was There a Genuine Dispute in Substance?

2015-07

Court of Appeal: Bank Advancing Post-Petition Loans to a Company's Overdrawn Bank Account is Not a Disposition of the Company's Assets

2015-06

Could a Petitioner Seek an Examination Order Against a Party Which Fails to Comply with a Buyout Order?

2015-05

Person Who Assisted Directors to Defraud Creditors of a Company Could Be Liable, Even If He Is Overseas

2015-04

Did Ad Valorem Fee Have to be Paid on Assets Realized by Provisional Liquidators in Compulsory Liquidation which is Converted into Creditor's Voluntary Liquidation?

2015-03

Misfeasance Proceedings and Derivative Actions against Liquidators

2015-02

Limits on the Court's Power to Order Disclosure of Information to Assist Foreign Insolvency Proceedings

2015-01

Novel Order in the ATV Case Demonstrates the Court's Wide Discretion in Unfair Prejudice Cases

2014-12

Hurdles to Winding Up Foreign Companies in Hong Kong Re-examined

2014-11

Green Light for Liquidators to Assign Equitable Interests in Debt Recovery Action to Litigation Funding and Recovery Agent

2014-10

How to Serve a Winding-Up Petition on a Foreign Company?

2014-10

Analysis of the UGL/DTZ Deal and the Role of CY Leung from the Perspective of Corporate Rescue

2014-09

Winding up a Listed Company on Just and Equitable Grounds

2014-08

Hong Kong Courts Would Assist Foreign Liquidators in Their Investigation Work in Hong Kong

2014-07

Liquidators of Moulin Global Eyecare Holdings Limited (in Liquidation) Succeeded in Reinstating Struck Out Claims Against Former Director

2014-06

Can Victims of a Ponzi Scheme Recover from Investors Who Had Redeemed Before the Scheme Collapsed?

2014-05

A Right Revived: Invalidating Payments to a Bankrupt Post-Annulment

2014-04

Refund of Taxes Paid Pursuant to Inflated Profits?

2014-03

Re Yung Kee Holdings Ltd - Principles Revisited

2014-02

Limitation Period for Avoidance of Floating Charges

2014-01

Limitation Period for Claiming Dishonest Assistance

2013-12

Limitation Period for Fraudulent Trading Claims

2013-10

Limitation Period of CO s.182 in light of Faith Dee

2013-09

Limitation Period for Unfair Preference Claims

2013-04

Discharging a Genuine Liability is No Loss to the Company

2009-12

Company Law Update – Shareholder Disputes and CJR (PDF only)

General Guides and Seminar Presentations

2020-07

SCAA - Advising Companies in Financial Difficulties

2019-10

NOT ALL IS LOST Recent Developments in Asset Recovery through Insolvency Proceedings

2019-10

When Auditors Meet Liquidators (PDF only)

2019-10

Essential Corporate Insolvency Law and Practice for Bank Managers

2019-02

Corporate Insolvency Law and Practice Basic Principles and Updates

2018-02

RIF_A closer look at unfair preference and related claims (PDF only)

2017-04

Insolvency - Legal updates on case law development (PDF only)

2016-10

Trust and Insolvency

2016-03

Roast Goose, Family Disputes and Offshore Companies Lessons from the Yung Kee Saga (PDF only)

2015-10

Misfeasance Actions Against Directors of Insolvent Companies (PDF only)

2015-04

Bringing a successful misfeasance claim (PDF only)

2015-03

Insolvency Law and Practice – Basic Principles and Updates (PDF only)

2014-10

Limitation Periods for Recovery Actions (PDF only)

2013-10

Not All Is Lost – Recent Developments in Asset Recovery through Liquidation (PDF only)

2013-04

Corporate Insolvency Law and Practice for Officers (PDF only)

2013-03

Roast Goose, Family Disputes and Offshore CompaniesLessons from the Yung Kee Saga (PDF only)

2013-02

How common law and equity assist the liquidator in assets recovery (PDF only)

2012-11

Cross-border assets recovery: battlefield Hong Kong (PDF only)

2012-11

Basic Insolvency Law and Practice and Company Restructuring for Managers and Directors (PDF only)

2012-11

S.408 CO – Offences Relating to Contents of Auditor’s Report (PDF only)

2012-04

Shareholder Disputes in Family Companies (PDF only)

2012-01

Recent Developments in Insolvency Law Part II (PDF only)

2010-03

An Update on the Powers and Work of Liquidators (PDF only)

2009-12

Insolvency Update – Powers and Works of Liquidators (PDF only)

2008-10

S.221 of the Companies Ordinance and Auditors’ Liabilities (PDF only)

2007-07

Corporate Rescue and Scheme of Arrangement (PDF only)

2007-07

Directors and Officers’ Personal Liabilities in Winding-up (PDF only)

2007-07

Choosing the Most Appropriate Mode of Winding-up (PDF only)

2007-06

Setting Aside Transactions on Insolvency (PDF only)


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