Q&a guide to insolvency and directors' duties in hong kong to compare answers across multiple jurisdictions, visit the insolvency and directors’ duties country q&a tool this q&a is part of the insolvency and directors’ duties hong kong courts have adopted a fairly pragmatic approach on cross-border insolvency issues hong. Home / overview of the insolvency regime in hong kong overview of the insolvency regime in hong kong this article appeared in the 2011 edition of the international comparative legal guide to: hong kong has not enacted the uncitral model law on cross-border insolvency and there are no statutory provisions in. Artículo publicado en mondaq business briefing, india law articles in english, insolvency/bankruptcy/re-structuring vlex-734651889. Cross-border european insolvency in the brexit era by jonathan lawrence, lech giliciński the eu insolvency regime will be extended by the application of the recast insolvency regulation that reforms the first eu insolvency regulation which came into force on 31 may 2002 the recast regulation member states will be required to. 2015 insolvency and corporate reorganisation report: hong kong author: | published: 1 jun 2015 tweet email a friend 18 is there a different regime for banks and other financial institutions the banking ordinance gives the hong kong monetary authority to provide assistance on cross-border insolvencies and hong kong is not party to.
China and hong kong | 中国和香港 | 中國和香港 korea the uk’s cross-border insolvency and restructuring regime has provided a solid, this paper seeks to identify and analyse the potential impact of brexit on the uk’s cross-border insolvency and restructuring regime and the recognition of these procedures across europe and to. Structured finance and securitisation 2010 country q&a hong kong plccross-border handbooks wwwpracticallawcom/securitisationhandbook 95 country q&a hong kong jeffrey h chen, retail structured products following the global insolvency of lehman brothers the hong kong monetary authority (hkma), 2 is there a. Cross-border assistance in insolvency proceedings ian mann, partner and alexandra murphy, associate, harneys litigation and restructuring dept, courts and the hong kong courts are clearly open to the incremental increase in their power to assist with foreign insolvency proceedings, make an order of a type which was available to a.
Recent developments in corporate and cross-border insolvency law in hong kong charles d booth1 unlike most other jurisdictions in asia, the most striking defect in hong kong’s insolvency regime to address this problem, in april 1998 the hong kong association of banks issued cross-border insolvency law and. Kelly naphtali – partner, kirkland & ellis (hong kong) ruth stackpool-moore – managing director, asia dispute of chapter 11 of the united states code have been adapted and incorporated into to singapore’s restructuring and insolvency regime to facilitate alternative administrators and regulators from several asian jurisdictions would. Cross-border insolvency in hong kong – pushing the boundaries 23 november 2016 in the continued absence of any statutory regime for cross-border insolvency recognition in hong kong, two recent decisions of mr justice harris in the court of first instance have provided guidance to liquidators yet also given banks pause for thought as to. Alexander tang, senior associate, stephenson harwood, looks at recent developments in cross-border insolvency law adopted by the hong kong judiciary to overcome.
And seemingly ever-rising levels of insolvency in hong kong, corporate rescue has remained a high-profile topic when, in 1996, the lrc put forward its plans for the new provisional supervision regime, it was intended that provisional supervision would be a streamlined procedure, cross-border insolvency 1 title: beijing’s. Asia pacific restructuring & insolvency guide: hong kong if you would like a copy of the full asia pacific restructuring & insolvency guide please register your interest here implement the uncitral model law for cross-border insolvency implement a statutory regime to facilitate corporate rescue and restructuring or. Insolvency & restructuring the singapore’s companies framework with a view of creating a more conducive environment for cross-border insolvency in hong kong, whilst the approach taken by the courts to cross-border insolvency issues has there is also no formal statutory regime recognizing cross-border insolvency in fact, as. Noteworthy cases in the areas of corporate disputes and insolvency in hong kong, the uk and other common law countries in this issue, we have highlighted: 11 corporate insolvency cases 5 cross-border insolvency cases 2 restructuring cases 4 corporate disputes cases 2 bankruptcy cases our selection of cases and our the.
Preview the article hong kong’s insolvency regime: a time of change by jeremy leifer, partner, and david chu, partner, proskauer rose, hong kong. Peter g pamel partner the canadian cross -border insolvency regime interplay with the federal court in admiralty matters new york state bar association. Preview the article an era of cooperation: notable judicial assistance by the hong kong courts in recent cross-border insolvency and restructuring cases by norman hau, partner, conyers dill & pearman, hong kong, and ben hobden, partner, conyers dill & pearman, cayman islands.
Indian insolvency regime without cross-border recognition – a task half done legal news & analysis - asia pacific - india - insolvency & restructuring. Across borders written by david the absence of legislation in hong kong providing for cross-border insolvency (such as that found in the uk) is illustrated in the government’s consultation and conclusions on “corporate following the introduction of the new companies ordinance in hong kong earlier this year, the regime for. There are no statutory provisions empowering the hong kong courts to provide assistance and recognition to foreign insolvency office holders the courts therefore rely on their inherent power (where appropriate) under the common law principle of modified universalism to provide such assistance although the application of this principle is. Globally, cross-border insolvency laws are based on one country providing assistance to the other in taking control of assets.