- Instructor: Judith Sihombing
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
Highlight:
– 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
