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Our trusted restructuring and insolvency team has in-depth experience and market intelligence in the insolvency sector; the team regularly acts for distressed companies, banks, financial institutions, investors and liquidators in handling contentious winding up, bankruptcy and receivership related matters across different jurisdictions.
Our team has abundant experience in assisting clients to work with other professionals in handling contentious insolvency and restructuring related matters. We are able to offer innovative and commercially practicable solutions for clients in dealing with complex distress situations. Over the years, we have developed close relationship with various leading market participants in the insolvency and restructuring sector, and thus could provide the relevant up-to-date information for clients to make an informed decision.
- Advising on shareholders’ voluntary winding up
- Advising on creditors’ voluntary winding up
- Advising on commencement of compulsory winding up proceedings against companies in Hong Kong (whether incorporated in Hong Kong or otherwise), including but not limited to service of statutory demand, presentation of winding up petition, and attendance of hearing for substantive arguments
- Advising on restructuring related matters, including but not limited to scheme of arrangement (covering the necessary Court applications for directions to convene scheme meeting and sanction of the scheme), parallel scheme of arrangement with offshore jurisdictions, standstill agreement, bridging loan and other means of refinancing
- Advising on appointment of provisional liquidators and interim receivers to preserve assets of the company
- Advising on post-liquidation process, including but not limited to filing of proof of debts, nomination of liquidators, attendance of creditors’ meetings, application for determination of or challenging the appointment of liquidators
- Advising provisional liquidators or liquidators appointed by foreign Courts to apply for recognition and assistance from the Hong Kong Court
- Advising provisional liquidators or liquidators appointed by the Hong Kong Court to issue letter of request to foreign Courts seeking recognition and assistance
- Advising on appointment of assets receivers pursuant to security documents such as mortgages and share charges
- Advising on commencement of bankruptcy proceedings against individuals in Hong Kong, including but not limited to service of statutory demands, presentation of bankruptcy petition, and attendance of hearing for substantive arguments
- Advising on individual voluntary arrangement and annulment of bankruptcy order
- Acting for National Arts Entertainment and Culture Group Ltd (Stock code: 8228) in corporate restructuring, including a scheme of arrangement application. Coordinating with the said company’s Bermuda legal counsel in arranging a parallel scheme of arrangement application before the Supreme Court of Bermuda. Acting for the said company in defending its creditors’ claims.
- Acting for European TopSoho S.a.r.l. (previously a majority shareholder of SMCP, a company listed on Euronext Paris) to coordinate with the company’s Luxembourg counsel in resisting a bankruptcy petition filed by the trustee of an exchangeable bond and the corresponding appeal application. Coordinating with the company’s other offshore counsel to defend legal actions commenced by the trustee and security holders in various jurisdictions, including England, Singapore and France.
- Acting for Bank of China Limited in resisting CW Group Holdings Limited (Stock code: 1322)’s voluntary winding up petition in Hong Kong. Coordinating with the bank’s Cayman Islands counsel to resist the company’s application for appointment of provisional liquidators in the Cayman Islands and coordinating with the bank’s Singaporean counsel to resist the company’s application for moratorium in Singapore.
Attention
It is not uncommon for companies listed in Hong Kong are incorporated in offshore jurisdictions. Legal proceedings involving those offshore incorporated companies normally create an extra consideration in respect of the issue of jurisdiction. Insolvency proceedings in Hong Kong, which often interact with offshore insolvency practitioners and Courts, are of no exception.
In recent years, the approach adopted by the Hong Kong Court in winding up a company incorporated in another jurisdiction as well as granting assistance and recognition to insolvency practitioners appointed by overseas Courts, suggests that a higher degree of technical legal analysis is required. To this end, any insolvency proceedings with international elements to be commenced in Hong Kong should require a careful examination of all the relevant circumstances.
Recognitions
Ince has been awarded the China Business Law Awards 2026 in the practice area of “Restructuring and Insolvency” category.
Ince ranked Tier 5 for Restructuring and insolvency in Greater China.
Ince ranked Tier 5 for Restructuring and insolvency in Asia Pacific.
CFA rules on Milmo Rule and Priority Rights under Land Registration: Lessons from To Sze On
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Limitation on Statutory Rights Arising from Holding Listco Shares Through Brokers
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A Director’s Duty Runs to the Company, Not the Group
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