Companies Ordinance

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C(WUMP)O: The Dark Side

By Stephen Briscoe Our previous posts have focused on the proposed changes to Hong Kong’s insolvency regime which are scheduled to come before LegCo in the next few months. This post is going to look at the “darker side”, (no, not Kowloon) to use the Star Wars metaphor; i.e. what is missing from the proposals;…

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Liquidators & Committees of Inspection

By Stephen Briscoe Conduct of the Winding Up Committee Of Inspection As part of the proposed changes, the Administration has made a number of sensible suggestions that are likely to improve the interaction between liquidators and Committees Of Inspection. For the sake of clarity, the new proposals will provide for the minimum and maximum number…

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Constitutionality of Bankruptcy Discharge Provisions Challenged (update)

By Rosenna Mak Just a brief update on our article entitled “Constitutionality of Bankruptcy Discharge Provisions Challenged” published last month reporting that section 30A(10)(a) of the Bankruptcy Ordinance had been ruled to be unconstitutional by the Court of Appeal.  Due the significance of that ruling, a stay of the execution of the judgement was granted,…

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New Companies Ordinance Winding Up and Insolvency Conclusions Published

As most of you are aware, earlier this year the new Companies Ordinance came into force. At that time the parts of the old Companies Ordinance that had not been amended, effectively s.166 onwards, were renamed as The Companies (Winding-up and Miscellaneous Provisions) Ordinance – just rolls off the tongue doesn’t it?? Following a period…

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HK’s New Companies Ordinance a Mouthful

Hong Kong’s  new Companies Ordinance (Cap 622) comes into force 3 March 2014. The changes apply primarily to those sections of the Ordinance that deal with, for want of a better phrase, live companies. Those sections of the Ordinance that deal with dead and dying companies will remain unchanged until the current round of consultations…

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S.228A Liquidations – Take Care!

Recently, the Court was asked to consider the circumstances in which it was appropriate to use the s.228A procedure to place a company into liquidation. Given that liquidations started using this procedure are relatively infrequent, it is unusual to see the question of its use come before the court. The background was that as a…

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Updating the Companies Ordinance

A Missed Opportunity Republished with permission. This article first appeared in INSOL World magazine Q4 2013 By: Stephen Briscoe and Nichole Chan, BWA Hong Kong’s efforts to modernize the city’s corporate insolvency laws have resurfaced almost two decades after the city government first launched a comprehensive review of the legislation in the mid-90s, but then…

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