Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
KordaMentha
One typographical error is estimated to cost 250 people their jobs, and a UK government department almost GBP 9 million.
Corrs Chambers Westgarth
The residual powers of a board of directors during receivership include consenting to judgment in favour of a creditor.
Mayer Brown JSM
Bankruptcies and reorganizations are viewed in the People’s Republic of China as very much a practical issue.
Mayer Brown JSM
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside Hong Kong.
Mayer Brown JSM
Did you know that a liquidator of a foreign company may seek the assistance of the Hong Kong Court to obtain orders for the production of information.
Nishith Desai Associates
Bombay High Court holds that oppression and mis-management claims fall outside the purview of an arbitration proceeding.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Dentons (United Kingdom)
The Law of the Republic of Kazakhstan No. 176-V "On Rehabilitation and Bankruptcy" dated 7 March 2014was amended as follows:
Duncan Cotterill
The decision settles an issue which has caused considerable uncertainty for many businesses and insolvency practitioners.
Wynn Williams Lawyers
New value is not needed by creditors to rely on the section 296 defence to voidable transactions under the Companies Act.
Chapman Tripp
The Supreme Court has considerably expanded the "good faith" defence for voidable transactions in favour of creditors..
Chapman Tripp
Directors must be careful to ensure that a subsidiarys' interests are kept distinct from those of the parent company.
Chapman Tripp
These two court judgments which could significantly affect New Zealand's insolvent transactions regime are due out soon.
Chapman Tripp
We expect this trend of recent Australian decisions to enforce receivers' liens, may shape future policy in New Zealand.
Chapman Tripp
The decision was welcomed by insolvency practitioners after the Court of Appeal had previously upset industry practice.
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HHG Legal Group
The BFLAA now gives the Family Court power to make orders about property which has vested in a Trustee in bankruptcy.
Singh & Associates
Section 530 under the Chapter V of Part VII of the Companies Act, 1956 provides for the sequence of the payments which shall be made in the course of winding up of a company.
HHG Legal Group
The case demonstrated conflict of payment rights in construction contracts in the context of the contractor's insolvency.
Coleman Greig Lawyers
While a company remains in voluntary liquidation, a creditor cannot enforce a personal guarantee given by a director.
Chapman Tripp
Directors must be careful to ensure that a subsidiarys' interests are kept distinct from those of the parent company.
Nishith Desai Associates
A foreign decree has to satisfy the test prescribed by Section 13 of the CPC for it to be conclusive and executed in India.
Cooper Grace Ward
A company in financial difficulties may decide to make a loan to the company to pay wages.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Nishith Desai Associates
Bombay High Court holds that oppression and mis-management claims fall outside the purview of an arbitration proceeding.
Nishith Desai Associates
The Supreme Court held that the provisions of the Sick Industrial Companies Act, 1985 shall prevail over the provision for the recovery of debts in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
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