Our breadth of insolvency skills enables our team to design detailed solutions which can be delivered across borders and over a wide range of industries. +852 2841 6808. restructuring regime introduced in Singapore in 2017. ABLI & International Insolvency Institute launches a compendium on the corporate restructuring and insolvency rules. The closest alternative in Hong Kong is the scheme of arrangement, which is frequently used by companies to give effect to a debt restructuring. In the past couple of decades, jurisdictions all over the world have been required to grapple with problems arising out of corporate insolvencies with cross-border elements. Overview of the Insolvency Regime in Hong Kong - Tanner De ... We have a full-time, dedicated restructuring team in Hong Kong providing advice throughout the capital structure on all aspects of restructuring, insolvency and recovery. Sep 2009 - Jul 20166 years 11 months. March 2019. Joint ForensIG-RIF-CFIG e-learning webinar: Handling dawn raids - Regulatory Investigations by the SFC in Hong Kong (Part B) Live webinar. Randall is a locally qualified Hong Kong disputes lawyer and solicitor advocate. The new arrangement will apply first to certain pilot areas in Mainland China, namely . While Allen & Overy's Hong Kong office has had regular involvement in restructuring and insolvency work in the region for numerous years, under the newly configured Asia Restructuring and Recovery group moniker, it has been better positioned to serve as a hub with which to provide co-ordinated contentious and non-contentious advice to creditors . A Hong Kong liquidator or provisional liquidator may apply to the Intermediate People's Court at a designated pilot area for recognition of and assistance to Hong Kong insolvency proceedings and debt restructuring (scheme of arrangement). In June 2020, the Hong Kong Government published a consultation paper setting out details of a proposed framework. She has earned a well-deserved reputation for handling difficult commercial and insolvency related disputes, often requiring urgent action to prevent the movement or dissipation of assets. The Hong Kong courts had in the past approved Hong Kong insolvency practitioners entering into and implementing such protocols in similar cross-border insolvency cases; in general, the court will . In light of the global economic dislocation and significant challenges faced by many businesses in Asia over the past year, the Hong Kong Companies Court has recently . Email. We are pleased to present our March 2021 update on recent key insolvency and restructuring cases in Hong Kong. Under Hong Kong corporate bankruptcy laws, the focus is on the former, meaning that a Hong Kong company is liable to be wound up by a creditor and a liquidator appointed to realize and distribute its assets where it is "unable to pay its debts". A similar push towards implementing a new In Re Freeman FinTech Corporation Ltd [2021] HKCFI 310, the Hong Kong court sanctioned a scheme of arrangement in respect of a debt restructuring in which the governing law of part of the debt was not Hong Kong law and the creditor to whom this debt was owed did not submit to the jurisdiction of the Hong Kong court. Tel: + [852] 2289 5010. Hong Kong chapter of book - "Corporate Restructuring and Insolvency in Asia", Asian Business Law Institute, in conjunction with the International Insolvency Institute (ISBN 978 981 14 4963 5) Hong Kong chapter for the 9th, 11th and 12th editions of "The Restructuring Review", published by The Law Reviews (ISBN 978-1-83862-047-9; ISBN 978-1 . November 9, 2015 Publication: The Legal 500 Asia Pacific. Global Restructuring & Insolvency Guide Hong Kong . Individually, Ms. Wong and Ms. Yeung bring two decades of expertise in corporate restructuring and insolvency, demonstrating A&M's commitment to . Directors' duties Generally, the duties of directors to act in the best interests of shareholders transition to a duty to act in the best interests of creditors as . Expertise › Restructuring and Insolvency Hong Kong (Associated Office) The Firm advices and represents public and private companies, directors, financial institutions, debt and equity investors, fund managers and accountancy and advisory practices engaged in restructuring, recovery and insolvency assignments. The very first case that the Hong Kong Court recognised and granted assistance to bankruptcy administrators appointed by the Mainland Chinese courts in insolvency proceedings commenced in Mainland China was Re CEFC Shanghai International Group Limited [2020] HKCFI 167.Following the latest developments in the insolvency and restructuring regime, the Hong Kong Court has made further strides . Chapters include on-the-ground insight into the recent trends and developments in each jurisdiction, as well as: Our expertise includes financial restructuring, contingency planning, restructuring solutions and insolvency services. The RIF rationalises the structures supporting the practice of insolvency under the Institute into a single, coherent and representative structure. Visit our regional sites to learn more about our services in the United Kingdom, Ireland and Hong Kong. He specialises in shareholders disputes, contractual disputes, letters of credit disputes and insolvency matters. in Hong Kong ALB Asia Insolvency Restructuring Handbook 2021 Hong Kong law. The guide provides an overview of the legal framework for corporate restructuring, turnaround and insolvency in 18 major jurisdictions across Asia Pacific, including four new chapters on Bangladesh, Myanmar, Pakistan and Sri Lanka. Insolvency Lawyers in Hong Kong Our team of insolvency lawyers and litigators regularly act in high profile insolvencies and corporate collapses in Hong Kong. The latter is known as balance sheet insolvency. The Legal 500 > Asia Pacific > Hong Kong > Restructuring and insolvency. 12 June 2020 . Hong Kong courts will recognise foreign liquidations and have regard to foreign restructuring arrangements which have been approved overseas, as is the case with foreign-owned Hong Kong assets (see Question 18). Informal workout Our lawyers specialise in a wide spectrum of insolvency administrations, complex restructurings and bankruptcies . Restructuring & Insolvency International Law Firm of the Year China Business Law Awards 2020 Latham & Watkins LLP 18th Floor, One Exchange Square 8 Connaught Place, Central Hong Kong Tel: +852 2912 2500 Fax: +852 2912 2600 Email: howard.lam@lw.com Website: www.lw.com Howard Lam Partner, Hong Kong, Latham & Watkins Flora Innes Associate, Hong Kong, Ranked Tier 1 for Restructuring and Insolvency - Hong Kong; Ranked for Restructuring and Insolvency - Thailand; Ranked for Restructuring and Insolvency - United States "Very experienced with China work and debt restructuring." "Solid firm that I have used for a number of years now. Hong Kong lacks procedure akin to Chapter 11 procedures in the United States which aims at rescuing companies on the verge of insolvency. Tanner De Witt is ranked as a Tier 1 / Band 2 law firm in the field of restructuring and insolvency in Hong Kong by leading industry publications including Legal 500 and Chambers & Partners. Creditors Portal. In addition, the Hong Kong Administrator may apply for an order of the Mainland Court allowing the Hong Kong Administrator (or a designated "Mainland administrator") to take over various duties in respect of the administration of the insolvency of the debtor company that fall within the scope of the provided by the Enterprise Bankruptcy Law . Our German Restructuring & Insolvency team works closely with a globally connected group to execute the most complex domestic and cross-border restructuring and recovery solutions. Litigation. Because of this, the area of cross-border insolvency law is far from straightforward. Profile. As noted above, specific consideration should be given to directors' duties in each relevant jurisdiction in restructuring and insolvency scenarios, as well as whether transactions entered into in the lead up to any insolvency proceedings will be susceptible . Its operation is overseen by an executive committee. (rescheduled) E-learning webinar: I also have experience of renewable energy projects including dealing with private and public law claims and regulatory investigations. Her areas of practice include general commercial litigation, insolvency and restructuring, regulatory litigation and financial services litigation. I work on commercial disputes, employment matters, media law, privacy law, restructuring and insolvency, regulatory and government investigations. Key takeaways 19 May 2021 . Because of this, the area of cross-border insolvency law is far from straightforward. For the second time the Hong Kong Court has recognised a PRC winding-up proceeding and granted assistance to the administrator of a PRC company appointed by a PRC Court. Sam Tai is a managing director based in the Hong Kong office and is the co-head of the Restructuring Advisory business in PRC. Patrick brings 25 years of experience in Asia, having conducted a range of and restructuring, insolvency and exit planning assignments around the region . Eloise is a partner in the litigation team. by . . company or a company registered in Hong Kong as a non-Hong Kong company, the charge must be registered with the Companies Registry in the manner outlined above. Legislative reform in the area of restructuring and cross border insolvency has been mooted in Hong Kong for decades, with the Law Reform Commission having made recommendations to implement corporate restructuring legislation as far back as 1996. He is a Director with more than 15 years experience of accounting and commercial experience and focuses primarily on formal and informal corporate insolvency administration, restructuring, consultancy review and forensic accounting investigations in support of litigation, arbitration and . Hong Kong - Leading global professional services firm Alvarez & Marsal (A&M) has expanded its Asia Restructuring team with the appointment of Tiffany Wong and Kitty Yeung as Managing Director and Senior Director respectively in Hong Kong. Our extensive geographic presence means that we are able to help our clients to achieve optimal outcomes wherever they do business. I worked in the Restructuring Services Department of KPMG: • Managed trust assets portfolio of HKD11.6 billion in the Lehman Brothers liquidation comprising over 550 lines of securities in stock exchanges of Hong Kong, Singapore, Malaysia and Indonesia for 12 corporate clients; investigated and reconciled stock movements from daily corporate actions; allocated daily cash receipts to clients . CREDITOR AND CONTRIBUTORY RANKING 2. Hong Kong SAR does not have legislation under which a pooling order may be made - companies need to implement restructuring and insolvency procedures on an entity-by-entity basis. Hong Kong is typically the financial entry point the People's Republic of China (PRC). The Hong Kong Government is also considering a cross-border arrangement between Hong Kong and Mainland China on cross border insolvency and restructuring matters. Published: 18/05/2021. Therefore, the communication . Kobre & Kim was recognized as a leading Hong Kong firm in the categories of restructuring and insolvency and anti-corruption and compliance in the 2016 edition of The Legal 500 Asia Pacific.The firm was distinguished in the Hong Kong category of Restructuring & Insolvency for its high level of client value. This article considers the landmark case by the Hong Kong Court of First Instance, in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167.It is a significant step that the Hong Kong Courts have taken, enhancing cross-border insolvency cooperation between Mainland China and Hong Kong. While Allen & Overy's Hong Kong office has had regular involvement in restructuring and insolvency work in the region for numerous years, under the newly configured Asia Restructuring and Recovery group moniker, it has been better positioned to serve as a hub with which to provide co-ordinated contentious and non-contentious advice to creditors . Partner. Howard K. H. Lam, Jeffrey Wong. Where do creditors and contributories rank on a debtor's insolvency? The common law cross-border insolvency process in Hong Kong Common law recognition. In this update, we highlight a selection of key Court decisions which focus on cross-border recognition and assistance, restructuring and schemes of arrangement, the . Ongoing interaction between you, your advisors and our professionals across tax, restructuring and legal services. While Allen & Overy's Hong Kong office has had regular involvement in restructuring and insolvency work in the region for numerous years, under the newly configured Asia Restructuring and Recovery group moniker, it has been better positioned to serve as a hub with which to provide co-ordinated contentious and non-contentious advice to creditors . Our solutions are creative and innovative Restructuring and Insolvency in Hong Kong. Hong Kong: Restructuring Your Business: The Asian Perspective 05 January 2021 . We're driven to deliver excellent results and are focused on what our clients want to achieve. Hong Kong has not enacted the UNCITRAL Model Law on Cross-border Insolvency and there are no statutory provisions in Hong Kong covering the recognition, or even assistance, of insolvency procedures commenced in other jurisdictions. Hong Kong has not enacted the UNCITRAL Model Law on Cross-border Insolvency and there are no statutory provisions in Hong Kong covering the recognition, or even assistance, of insolvency procedures commenced in other jurisdictions. Market-leading rankings and editorial commentary - see the top law firms & lawyers for Restructuring and insolvency in Hong Kong. Legal market overview; As we previously announced on 7 September, White & Case is very pleased to present the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide.The Guide gives a detailed overview of the restructuring and insolvency laws, regulations and procedures . Partner. Services. — Strong track record of restructuring and M&A tax and legal. Band 1 in Restructuring / Insolvency - China, Chambers Asia-Pacific (2016-2021) "Hall of Fame," Restructuring and Insolvency - Hong Kong, Legal 500 (2021) "Leading Individual," Insolvency and Restructuring: Foreign Firms - China, Legal 500 (2021) "Litigation Star," Insolvency, Benchmark Litigation Asia-Pacific (2021) "Asia Best Lawyer," IFLR1000 (2020) The restructuring team has good experience in the region . Gall's specialist team of insolvency lawyers and litigators are able to advise on all areas of contentious insolvency, including: Ivan is a very experienced commercial litigator in Hong Kong, having practiced here for more than 26 years. Patrick Cowley currently serves as KPMG's Global Head of our Restructuring Services network, as well as leading our restructuring and insolvency team in Hong Kong (SAR), China. We help lenders, investors and management teams to navigate challenging situations. He has been involved in a number of large and complex commercial litigation, mostly have a PRC . Overview and Introduction . Hong Kong and the Mainland have agreed a new co-operation mechanism for cross-border insolvency. 1. More. Contact. Our insolvency and liquidation services include: Bankruptcy/ Liquidation (Mainland China) Court Liquidation (Hong Kong) Creditors' Voluntary Winding Up (Hong Kong) This article considers the landmark case by the Hong Kong Court of First Instance, in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167.It is a significant step that the Hong Kong Courts have taken, enhancing cross-border insolvency cooperation between Mainland China and Hong Kong. The Hong Kong courts had in the past approved Hong Kong insolvency practitioners entering into and implementing such protocols in similar cross-border insolvency cases; in general, the court will . The new arrangement will apply first to certain pilot areas in Mainland China, namely Shanghai, Xiamen and . 18 Oct 2021. The pilot areas currently include the Shanghai, Xiamen and Shenzhen municipalities. In Hong Kong, the statutory framework for regulating the affairs of insolvent companies is found in . The recognition of Hong Kong insolvency office holders in the mainland whether pursuant to the EBL or a formal protocol or arrangement would undoubtedly reinforce Hong Kong's position as a major financial and debt restructuring centre. Practical solutions for special situations. Coverage By Practice Area Hong Kong Back to Asia Pacific. 3 The "soft touch" provisional liquidation commonly used in offshore . CW Advanced Technologies Case Highlights Hong Kong's Lack of Statutory Cross-Border Insolvency Regime. However, Hong Kong courts have adopted a fairly pragmatic approach on cross-border insolvency issues. Integrated approach. Restructuring & Insolvency in Hong Kong - Recent Key Cases Update. View all Lewis Sanders jobs in Hong Kong - Hong Kong jobs Hugh Lyons. Importantly, a scheme is neither an insolvency nor a bankruptcy . Herein lies a problem: it is a well-established principle of Hong Kong insolvency law, following the Re Legend 2 decision, that provisional liquidators cannot be appointed by the Hong Kong courts solely for the purpose of enabling a corporate restructuring to take place. Corporate Insolvency and Restructuring This brochure is intended to complement our other publication called "Corporate Insolvency and Restructuring - A Creditor's Perspective". This is the Hong Kong chapter of the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide. In the last 12 months our 58 restructuring partners and directors delivered . He has over 20 years of professional experience in formal and informal corporate restructuring, insolvency, crisis and interim management, and turnaround work. Restructuring and Insolvency Law. In Hong Kong, the most common procedure for a debtor's These requirements were satisfied too since the powers sought by the administrators were consistent with Mainland insolvency law and the Hong Kong Companies Court's standard recognition order . Osman was born in Hong Kong and was educated in Sydney. She acts for foreign companies, Hong Kong listed and private companies and insolvency practitioners on various contentious matters and debt restructurings. Pursuing informal workouts or schemes of arrangement are the two main ways by which a Hong Kong company in financial distress may restructure its debts without going through a winding-up. Cross-border Insolvency - Recent Developments and Cases Sharing (rescheduled from 13 Oct 2021) Live webinar. 13 Oct 2021. — Experience in dealing with the various stakeholders in restructurings. The Restructuring and Insolvency Faculty ("RIF") was the first specialist faculty established by the Institute and was launched in 2008. On 14 May 2021, the Vice-President of the Supreme People's Court of the PRC and the Hong Kong Secretary for Justice signed a brief Record of Meeting, setting out a consensus on the mutual recognition of and assistance to insolvency proceedings between the Mainland China and Hong Kong.. International Association of Restructuring, Insolvency & Bankruptcy Professionals (INSOL International) Restructuring and Insolvency Faculty of the Hong Kong Institute of Certified Public Accountants; Jonathan Green. He also advised on Listing Rules and Takeovers Code issues on various corporate restructuring workouts by . As noted, Hong Kong has not adopted the Model Law, nor are there any other statutory provisions which give Hong Kong courts the express power to recognise foreign insolvency proceedings and make orders assisting foreign insolvency administrators and creditors. Get your Hong Kong 2020 copy! Carmen Wong. Restructuring and insolvency today are cross-border disciplines. Eugene advised on all aspects of local and cross-boarder corporate rescue, restructuring and insolvency workouts, including matters arising from structured finance products and transactions. Practical solutions. Hong Kong March 26 2021. Hong Kong. Hong Kong + 852 2846 1683 Email. Refers to documents limited to the creditors of the company and its professional advisers. Overview and Introduction . 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