(S11) (Live Presentation and Webinar) How does insolvency affect the company and its Parties?

Date:   26 September 2023 (Tuesday)  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



Curriculum is empty
Judith Sihombing
(LLB (Melb) and LLM (Malaya), Barrister and Solicitor of the Supreme Court of Victoria and of the High Court of Australia) formerly Associate Profession, Faculty of Law University of Hong Kong, then PSL and Training Manager at Simmons & Simmons (HK office).