Grounded Ingenuity | Refined Results

PROTECTING ASSETS
IN CHALLENGING TIMES

In our Insolvency and Restructuring practice, we advise on corporate bankruptcy laws in Hong Kong, including the winding-up of companies, the restructuring of debt, director duties in the insolvency zone, and strategies to address major liquidity problems. We act for both debtors and creditors.

Our insolvency and restructuring lawyers have particular experience advising on insolvency issues arising in the context of contested winding-up petitions and in the context of trading and clearing systems, financial institutions and financial infrastructure. We have advised extensively on the Financial Institutions (Resolutions) Ordinance (“FIRO”).

GETTING THE
DEAL DONE

Compulsory
Liquidation

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We guide clients in respect of compulsory liquidation, representing debtors and creditors in respect of statutory demands, winding-up petitions, the contesting of winding-up petitions, restructuring proposals in the context of a winding-up, validation orders and the disposition of property after the commencement of a winding-up, the appointment, powers and duties of liquidators and provisional liquidators, the composition, role and powers of a committee of inspection, the conduct of creditor meetings and examinations of directors, the distribution of liquidation dividends, the rights of creditors and contributories (shareholders), the release of liquidators, the dissolution and de-registration of companies and the re-instatement of dissolved companies.

Insolvency
Restructuring & Transactions

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We advise on distressed debt focused transactions and the rescue of insolvent companies. We advise on debt restructuring through voluntary negotiated arrangements or court sanctioned schemes of arrangement. Our advice extends to procedures for pursuing a scheme of arrangement, the requirements for class constitution, approvals and court sanction under the Companies Ordinance. We guide clients on the possible deployment of a provisional liquidation or the use of the liquidation process to create a debt moratorium to pursue a debt restructuring. We have significant experience with mergers and acquisitions in the context of the enforcement of security interests.

Enforcement
of Security

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We advise on the validity, and enforceability of security interests. Our strategies prioritize returns for security holder clients. We manage receivers' appointment, powers, duties of receivers in enforcing security on behalf of a secured creditor, the sale of secured assets and asset hive-offs for optimal results.

Director Duties in
Insolvency

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We advise on directors’ duties and liabilities, including fiduciary duties in the insolvency zone, unfair preference and fraudulent trading, director disqualification, and prosecution for insolvency related offences under the Companies Ordinance (“CO”) and the Companies (Winding Up and Miscellaneous Provisions) Ordinance (“CWUMPO”).

Our legal team has been recognised by:

“Highly Regarded Lawyer”

“Private Funds Expert”

“Leading Practice”

“Leading Practice”

“Leading Practice”

OUR EXPERIENCE

HOW CAN WE HELP?

With deep expertise in insolvency and restructuring, our legal team can help with compulsory liquidations, voluntary liquidations, enforcement of security interests, director's duties and liabilities in the insolvency zone, corporate structuring and reorganisation, and distressed asset solutions.

Contact us if you need assistance.

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