News & Analysis as of

Scheme of Arrangement Hong Kong

Conyers

Cayman schemes – where are we now?

Conyers on

Following the implementation of the recent amendments to the Companies Act to remove the head count test for shareholder schemes of arrangement, Conyers has assisted two Hong Kong listed companies (China Vast Industrial Urban...more

Hogan Lovells

Moving in unity – Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme

Hogan Lovells on

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme...more

Latham & Watkins LLP

Cross-Border Recognition: Hong Kong Schemes and the Compromise of Foreign Law-Governed Debt

Latham & Watkins LLP on

Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone. A recent first instance decision in Hong Kong has highlighted an important...more

Latham & Watkins LLP

Hong Kong Court Breathes New Life Into Rule in Gibbs

Latham & Watkins LLP on

Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone. A recent first instance decision in Hong Kong has relied upon the so-called rule in Gibbs...more

Hogan Lovells

Every vote counts: Hong Kong court considers Takeovers Code rule in privatization application

Hogan Lovells on

The Hong Kong court has recently delivered a key judgment that could affect the validity of privatizations effected by court sanctioned schemes of arrangement or reductions of capital. The decision may affect the wording of...more

Latham & Watkins LLP

Restructuring and Insolvency in Hong Kong

Latham & Watkins LLP on

In Hong Kong, the statutory framework for regulating the affairs of insolvent companies is found in the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (the “C(WUMP)O”) and the Companies (Winding Up)...more

Akin Gump Strauss Hauer & Feld LLP

Restructuring & Insolvency in Hong Kong – Recent Key Cases Update

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 been grappling with multiple crossborder corporate...more

Hogan Lovells

Back on track – Court of Appeal allows privatization rejected by lower court

Hogan Lovells on

The Hong Kong Court of Appeal has allowed the proposed privatization of a Hong Kong listed company through a scheme of arrangement, overturning the decision of the Court of First Instance (CFI). ...more

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