Corporate Restructuring & Insolvency in Hong Kong SAR 2020

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  • 1.5 Hour Reading Time
  • Reporters: Tom Pugh
  • Index:
    • Introduction
    • Rescues: Out-of-Court & In-Court (Governance & Supervision)
    • Support Structures (Courts and State Agencies)
    • Directors of Distressed Entities
    • Rescue Financing
    • Moratorium
    • Contracts
    • Creditors and Creditor Claims
    • Employment Issues
    • Avoidance and Clawback Rules and Safe Harbour Provisions
    • International and Cross-Border Insolvency Law
    • Appendix of Legislation Referred To
      *Click to to see full Index

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Corporate Restructuring and Insolvency Asia 2020
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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. INTRODUCTION

i. Overview

a. Business vehicles
b. General trends

ii. General introduction to the restructuring and insolvency legal framework

a. Alternative dispute resolution
b. Application of English common law

iii. Security

iv. Set-off

B. RESCUES: OUT-OF-COURT AND IN-COURT (GOVERNANCE AND SUPERVISION)

i. Primary framework

a. Approach to corporate difficulties
b. Schemes of arrangement

ii. Formal insolvency proceedings in general

a. Provisional liquidation

I. SECTION 228A – CREDITORS' VOLUNTARY LIQUIDATION
II. SECTION 194(1A) – PANEL T "TENDER" APPOINTMENT
III. SECTION 193 – PRIMARY APPOINTMENT

b. Winding up under other legislatio

I. BANKS
II. INSURANCE COMPANIES
III. LISTED COMPANIES

c. Bank resolution regime

C. SUPPORT STRUCTURES (COURTS AND STATE AGENCIES)

i. Court

a. Court-to-court communication in an insolvency context

ii. Official Receiver

iii. Provisional liquidator

iv. Liquidator

v. Committee of inspection

vi. Creditors

vii. Resolution authorities

viii. Role of stock exchange in relation to insolvency listed companies

D. DIRECTORS OF DISTRESSED ENTITIES

E. RESCUE FINANCING

i. Direct costs of funding

ii. Litigation funding

F. MORATORIUM

G. CONTRACTS

i. Derivatives

ii. Intellectual property

iii. Lease contracts

iv. Ipso facto clauses

v. Transfer or assign contracts to a purchaser of the debtor's business

vi. Transfers of business

H. CREDITORS AND CREDITOR CLAIMS

i. Assignment of claims in a liquidation

ii. Treatment of foreign creditors

I. EMPLOYMENT ISSUES

J. AVOIDANCE AND CLAWBACK RULES AND SAFE HARBOUR PROVISIONS

K. GROUP INSOLVENCIES

i. Failures of corporate groups and the cross-border question

ii. Managing the failure of corporate groups

a. Drill-down
b. Consistency of office-holders

L. INTERNATIONAL AND CROSS-BORDER INSOLVENCY LAW

i. Winding up overseas companies

a. The first requirement
b. The second requirement
c. The third requirement

ii. Assistance in cross-border proceedings

iii. Voluntary liquidations

iv. Protocols

APPENDIX OF LEGISLATION REFERRED TO

Corporate Restructuring and Insolvency Hong Kong SAR 2020