Insolvency & Restructuring

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 CompaniesLessons 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)