
- Instructor: Samuel Li
Date: 26 June 2023 (Monday) Time: 2pm – 5:45pm Language: Cantonese with English Course Materials Level: Intermediate
Speaker: Samuel Li, Solicitor & Notary Public, Samuel Li & Co
Lawyer/Trainee Solicitor/Foreign Lawyer Other Professionals’ Elective RME &CPD Points: 4 Fee: HK$2,350
Highlights:
Introduction
The objective of this course is to minimise the risk to engage in litigation due to non compliance of execution formalities of company documents.
Case law highlights the risks of protracted litigation if documents are not properly executed. Mummery L.J. in the case of Williams v Redcard Ltd. [2011] 4 All ER 444 rightly pointed out: Legal practitioners should therefore know the law relating to the execution of company documents and deeds in detail when they deal with the execution of company documents of clients, in commercial transactions or conveyancing cases, so as to minimise such risk. In this seminar, the speaker provides an insight into the legal and practical aspects of execution, and illustrates with many well selected court cases in which execution of company documents were challenged that the documents were invalid or as a result thereof, the titles of properties are defective. This course also includes the proof of due execution of company documents for use in Hong Kong and overseas so that transactional documents or otherwise will be accepted and there will be more certainty of transactions in order to avoid litigation in future. The speaker will share real life examples from his experience. |
Outline:
- Company’s Contracts
- T S Office System Ltd v Wing Kee Produce Ltd [2015] 1 HKLRD 479
- Company Seals and Constitution
- Model Articles for Public & Private Companies
- Tables C & A
- Deeming provision
- Common sealing provisions
- Execution of Company Documents
- Williams v Redcard Ltd [2011] 4 All ER 444
- Lovett and another v Carson Country Homes Ltd [2009] EWHC 1143 (Ch), [2009] 2 BCLC 196
- Good Lion Ltd v Chung Sai Wing [2009] 2 HKLRD 25
- On Hong Trading Co., Ltd v Bank of Communications, HCMP3099/1999
- Knight Frank v Paley Properties [2014] SASCFC103
- Peking Fur Store Limited v Bank of Communications [1993] HKC 625
- Grand Trade Development Ltd v Bonance Int’l Ltd [2001] 3 HKC 137 (CA)
- Re Armstrong Brands Ltd (in administration) [2015] EWHC 3303 (Ch); [2015] EWHC 3303 (Ch)
- Distinction between Deeds and Instruments under Hand
- Cap. 219 s.4
- Cap. 219 s.19
- Authentication of Due Execution of Company Documents
- Verification Process
- Certification Process
- Statute Law (Miscellaneous Provisions) Ordinance 2015 Part 5
- Hague Convention 1961
- Speaker’s Own Experience Sharing
- Questions & Answers