(S2) (Live Presentation and Webinar) How does insolvency affect the company and its Parties?

Date:   07 June 2023 (Wednesday)  Time:2:30pm– 5:45pm Language: English Level: Intermediate

Speaker: Judith Sihombing, Adjunct Associate Professor, Faculty of Law, Chinese University of Hong Kong

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts:  3 points               Fee: HK$1,790


– The Companies ( Winding-Up and Miscellaneous Provisions) Ordinance (Cap 32)

– The Bankruptcy Ordinance (Cap 6)

– Types of winding-up and how each works

– Winding-up or liquidation – [starting s 169

by (a) Court order or (b) voluntarily

the remedy is discretionary

Dayang (HIK) Marine Shipping Co Ltd v Asia Master  Logistics Ltd [2020]

Re UDL Argos Engineeering etc v Li Oi Lin [2001], CFA

voluntary arrangement made with creditors with or without  Court approval

a regulating order {ss 227A to 227E]

voluntary resolution [see 228 in particular for the traditional background matters] including meeting with creditors

receivership are special resolutions required from members?

beware of a scheme to defraud or oppress minority members:

Grande Properties Management Ltd v Sun Wah Ornament                                        Manufactory Ltd [2006] CFA

headcount test

Re TDG plc [2009] EWHC

Re Dee Valley Group plc [2018] EWHC

– Consequences of appointment of receiver/manager

in relation to Debentures

in relation to fixed or floating charges

in collection of assets

as manager and receiver?

  [1986] 3 All ER 751

– When the process is finalised, notification to the Companies

Registrar of the demise of the company

query: bona vacantia

able to be revived in certain circumstances; section 760

– Does Cap 32 apply to Incorporated Owners under the Building Management Ordinance (Cap 344)?

Grande Properties Management Ltd v Sun Wah Ornament Manufactory Ltd [2006] CFA



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