Restructuring & Insolvency

What We Do

  • 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

Notable

  • 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.

Recognitions

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