News & Analysis as of

Liquidation Hong Kong Insolvency

A&O Shearman

Committees of inspection in Hong Kong liquidations explained: Who sits at the table?

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Following the making of a winding-up order by the Hong Kong Court, a provisional liquidator or a liquidator can decide whether to apply to the Hong Kong Court for appointment of certain creditors and contributories to form a...more

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

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If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

Hogan Lovells

Liquidator knows best - Hong Kong court rejects bid to force information disclosure on funding and strategy

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A Hong Kong court has rejected a bid to force liquidators to provide information and documents regarding their plans and strategies on related litigation as well as information on legal costs and funding arrangements....more

Hogan Lovells

Insolvency in a modern age – Official Receiver filing changes now in force in Hong Kong

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New statutory provisions have come into effect that will modernise the way documents are filed with the Official Receiver in Hong Kong. The changes, which took place on the last working day of 2023, pave the way for the...more

Conyers

A Clever Shortcut? Thoughts on the China Properties Group Case

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In the case of Re China Properties Group Limited (in Liquidation) [2023] HKCFI 2346, the Hong Kong Court has shown its commitment to providing assistance to local liquidators appointed by it by asserting in personam...more

Hogan Lovells

Beyond the scope - recognition of mainland liquidation by Hong Kong court achieved through common law

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In the case of Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340, the Honourable Madam Justice Linda Chan recognized and provided assistance to a mainland China appointed administrator over a mainland China...more

Hogan Lovells

Foreign exchange - Hong Kong court orders winding up of listco already wound up in Cayman Islands

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In another blow to the concept of "soft touch" provisional liquidation, the Court of First Instance has granted an ancillary winding up order against a Hong Kong listed company that had already been wound up in its place of...more

Hogan Lovells

Hong Kong court issues stunning criticism of provisional liquidators for abusing winding-up procedure

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A Hong Kong court has severely criticised the provisional liquidators (PLs) appointed by the court in the company’s place of incorporation in the Cayman Islands, for trying to interfere with the rights of creditors in Hong...more

Hogan Lovells

Hong Kong court highlights COMI over place of incorporation when recognising foreign insolvency processes

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The Hong Kong court has confirmed that – going forward – the court is ready to recognize and assist a foreign insolvency process conducted in the company’s center of main interests (COMI) and that it will no longer be...more

Conyers

Hong Kong Court Renders Assistance to Cayman Islands Liquidators of a Solvent Investment Fund

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On 24 June 2022, the Honourable Mr Justice Harris (of the High Court of Hong Kong Special Administrative Region) granted assistance to Cayman Islands appointed Joint Provisional Liquidators (the “JPLs”) of Seahawk China...more

Hogan Lovells

PRC court makes first recognition order under new Hong Kong – PRC insolvency arrangement

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In a significant decision, the Shenzhen Intermediate People's Court (Shenzhen court) has ordered formal recognition in the mainland for Hong Kong appointed liquidators. This is the first occasion on which a mainland court has...more

Jones Day

Milestone in Cross-Border Insolvency: A Successful Application Under the Pilot Measure from Hong Kong to Mainland China

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Background of the Pilot Measure The mechanism set out in "The Supreme People's Court's Opinion on Taking Forward a Pilot Measure in relation to the Recognition of and Assistance to Insolvency Proceedings in the Hong Kong...more

Akin Gump Strauss Hauer & Feld LLP

The Hong Kong Court Reconsiders the Primacy of the Jurisdiction of Incorporation in Cross-Border Insolvency Proceedings

In Re Lamtex Holdings Limited, the Hong Kong Companies Court recently ordered the winding-up of a Bermuda-incorporated Hong Kong-listed company. While the winding-up in Hong Kong of a foreign-incorporated company is not...more

Akin Gump Strauss Hauer & Feld LLP

Recognition of Hong Kong Insolvency Proceedings in Mainland China – A Test Case in the Making?

In Re Ando Credit Limited [2020] HKCFI 2775 (“Re Ando”), the Hong Kong Companies Court recently appointed provisional liquidators over a Hong Kong company, Ando Credit Limited, in novel circumstances with potentially...more

Hogan Lovells

Call for consistency – Hong Kong Court delivers double message to insolvency practitioners

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In a pair of recent contrasting judgments, Re Agritrade Resources Ltd [2020] HKCFI 1967 and Re Rare Earth Magnesium Technology Group Holdings Ltd [2020] HKCFI 2260, the Hong Kong Court has once again confirmed its pragmatic...more

Hogan Lovells

A welcome red packet – Hong Kong court recognises mainland Chinese administrators for first time

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Just in time for Chinese New Year, a Hong Kong court has taken a major step forward in the developing law on cross-border insolvency by recognising a mainland Chinese liquidation for the first time. ...more

Hogan Lovells

Hong Kong Court confirms common law recognition and assistance of foreign voluntary liquidations

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On 8 February 2018, the Hong Kong Court of First Instance (the “Hong Kong Court“) ruled that the common law power to recognise and assist foreign insolvency proceedings extends to voluntary liquidations – this is the first...more

A&O Shearman

Banks’ obligations to give foreign insolvency officeholders access to information and assets – a clear distinction

A&O Shearman on

Speed read - On 7 February 2018, the Court of First Instance (CFI) published reasons for its decision in China Lumena New Materials Corp. Justice Harris reaffirmed his earlier decision and held that where foreign...more

Morgan Lewis

One of the Largest Member Clubs in Singapore Is Liquidated

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California Fitness’s closure has left many consumers who have purchased prepaid packages without any remedies. On 20 July, California Fitness, which was once fronted by action movie star Jackie Chan, announced that it...more

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