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Spotlight

May 17, 2020

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...

April 20, 2020

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...

March 30, 2020

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...

March 5, 2020

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.

January 20, 2020

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...

News

August 26, 2019

Who's Who Legal Nominates Firm Managing Partner as Leading Private Funds Practitioner

Timothy Loh LLP is pleased to announce that Who's Who Legal has once again nominated Firm Managing Partner, Timothy Loh, as one of the world’s leading practitioners in Private Funds 2020. This recognition places Mr. Loh in a peer group that comprises elite international lawyers from around the world. Who's Who Legal is one of the legal industry's leading independent editorial rankings of financial and corporate law firms worldwide



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