Directors Of Insolvent Companies: Managing the Risk of a Disqualification Order

Directors of Hong Kong companies operate in an environment of personal liability – a liability that is brought into sharp focus where companies face financial difficulties. This liability may take not only the form of criminal or civil liability but also the form of a disqualification order, meaning an order to bar that director from being involved in the management of a company in the future. In this article, we explore the basis for a...

Personal Liability of Directors: Covid-19 and Trading in the Insolvency Zone

The coronavirus (Covid-19) pandemic continues to amplify the damage to a Hong Kong economy already battered by political unrest and an evolving reset in the relationship between the U.S. and China. As Hong Kong companies come under increasing cashflow pressure, directors should be aware that if their companies approach insolvency, their duties are increasingly owed to the creditors of their companies rather than to the shareholders of their...

Debt Collection Post-Covid-19: Force Majeure, Frustration and Winding-Up in Hong Kong

Businesses who wish to take aggressive action to enforce contractual obligations may consider a statutory demand as a means to pressure a counterparty into performance. A statutory demand may result in the winding-up of the counterparty, resulting in the liquidation and dissolution of that counterparty. However, the counterparty may resist the winding-up, disputing that the obligation is in fact owed. The present coronavirus pandemic may provide...

Surviving the Covid-19 Virus: Debt Restructuring for Businesses Facing a Liquidity...

Hong Kong businesses are undergoing a period of tremendous challenge, with the reset in economic relations between the U.S. and China, the Hong Kong protests and the Covid-19 virus battering the economy. In this environment, even businesses with strong long term prospects may face real short term working capital challenges. In this article, we explore some of the options available to address liquidity deficiencies.

Licensing of Private Equity Sponsors: A New Hong Kong Approach?

On January 7, 2020, the Securities and Futures Commission (“SFC”) issued its “Circular to private equity firms seeking to be licensed” (“PE Circular”) setting out its view on the licensing obligations of private equity firms. The PE Circular suggests that a number of activities frequently undertaken by private equity firms may trigger licensing obligations. As a result, private equity firms operating in Hong Kong without a license...