Cross-border insolvency in Hong Kong: Common law limitations and how the Model Law could drive foreign investment and economic growth | Australia | Global law firm

Liquidation

Synopsis For countries that have adopted, and implemented in local legislation, the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency (Model Law), there is a streamlined process which enables a liquidator, or other insolvency administrator, of a company in a foreign jurisdiction to apply to the court in the Model…

RDP 2016-09: Why Do Companies Fail?

Liquidation

Rose Kenney, Gianni La Cava and David Rodgers November 2016 1. Introduction We explore the determinants of corporate failure in Australia. Our paper is motivated by two observations: corporate failure is closely linked to financial stability risks, and it is also associated with fluctuations in the business cycle. Despite these close links, there has…

The new Corporate Insolvency and Governance Act: Implications for asset-based lenders | 香港特别行政区 | Global law firm

Liquidation

Key points for asset-based lenders We explore the implications for the Act in the context of asset-based lending below. Key points to note are: The Act introduces a new “moratorium” procedure allowing eligible companies to continue to trade whilst being protected from creditors who may not take enforcement steps against them. The moratorium…