Corporate Restructuring & Insolvency in China 2020

  • PDF File (785KB)
  • 1 Hour Reading Time
  • Reporters: Shen Yuhan and Peng Fei
  • Index:
    • Preliminary Outline
    • Insolvency Proceedings Under the Bankruptcy Law
    • Commonalities Among Bankruptcy Proceedings
    • Zero-Asset Bankruptcy
    • Duties & Responsibilities of Directors and Managers of Distressed Debtors
    • Restructuring In and Out of Court
    • Treatment of Enterprise Groups in Insolvency
    • Reorganisation of Listed Companies
    • Creditor Ranking and Rescue Financing
    • Mediation
    • Foreign Creditors and Cross-Border Insolvency
    • Statistics and Access to Information
    • Appendix of Legislation Referred To
      *Click to to see full Index

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Corporate Restructuring and Insolvency Asia 2020
Asian Business Law Institute Logo

Asian Business Law Institute

Launched in January 2016, the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law, is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade.

ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

International Insolvency Institute (III)

International Insolvency Institute (III)

The International Insolvency Institute (III) is a non-profit, limited-membership organisation dedicated to advancing and promoting insolvency as a respected discipline in the international field. Its primary objectives include improving international co-operation in the insolvency area and achieving greater co-ordination among nations in multinational business reorganisations and restructurings, with membership drawn from the most senior and respected insolvency practitioners, judges and academics in the world and it has valuable liaisons with many of the most senior regulatory and administrative professionals in the insolvency field.

III, due to its exceptional membership, its international leadership, and its resources, plays a valuable and highly significant role in the international insolvency field. It has achieved a worldwide reputation and is developing into a catalyst for improvement and change in the international insolvency area that has few, if any, equals.

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Index

A. PRELIMINARY OUTLINE

i. Legal system overview

ii. Insolvency regime overview

B. INSOLVENCY PROCEEDINGS UNDER THE BANKRUPTCY LAW

i. Conversion of proceedings

a. Liquidation to reorganisation and/or mediation
b. Reorganisation to liquidation
c. Mediation to liquidation

C. COMMONALITIES AMONG BANKRUPTCY PROCEEDINGS

i. Applicant

ii. Competent court

iii. Administrator

a. Notifying creditors of bankruptcy
b. Registering creditor claims
c. Protecting assets
d. Auditing and appriaisng assets

iv. Registration of creditors' claims

v. Creditors' meeting and creditors' committee

vi. Automatic stay

D. ZERO-ASSET BANKRUPTCY

E. DUTIES AND RESPONSIBILITIES OF DIRECTORS AND MANAGERS OF DISTRESSED DEBTORS

F. RESTRUCTURING IN AND OUT OF COURT

i. Out-of-court restructuring

ii. Pre-reorgansiation

iii. Reorganisation

a. Preparation of a reorganisation plan
b. First vote on a reorgansiation plan
c. Second vote and cram-down
d. Implementation of a reorganisation plan

G. TREATMENT OF ENTERPRISE GROUPS IN INSOLVENCY

H. REORGANISATION OF LISTED COMPANIES

I. CREDITOR RANKING AND RESCUE FINANCING

J. MEDIATION

K. FOREIGN CREDITORS AND CROSS-BORDER INSOLVENCY

i. Foreign creditors' rights

ii. Cross-border insolvency

L. STATISTICS AND ACCESS TO INFORMATION

APPENDIX OF LEGISLATION REFERRED TO

Corporate Restructuring and Insolvency China 2020