Corporate

Hong Kong incorporated companies are required to maintain a register of significant controllers and should take reasonable steps to identify its significant controllers.  From 1 March 2018,...
March 2018
  The Securities and Futures Commission (‘SFC’) announced on 22 January 2018 that under s.196(1)(iii) of the Securities and Futures Ordinance (‘SFO’) it has banned former DBS Bank employee Mr...
March 2018
Total fines increase by 632% compared to 2016 Number of new investigations started during 2017 falls by 20% 36% more investigations are completed during 2017  Hong Kong’s Securities...
March 2018
Company law — liquidators — ex parte application in writing for appointment — failure to disclose finding of contempt against one of three proposed liquidators — whether new insolvency practitioners...
March 2018
In the Cayman Islands, a scheme of arrangement must be approved by a dual majority of those present and voting: a simple majority by number and a 75% majority by value. The intention is to strike a...
February 2018
For a jurisdiction that is apparently at times a bit light on “shareholder activism”, you would not know it judging from court applications by qualifying shareholders for inspection of corporate...
January 2018
Hong Kong rivals both New York and London as global financial centers. Hong Kong is to China what Wall Street is to the US capital markets and London is to the European capital markets.  This is...
October 2017
This is the second instalment in the Corporate Activism series. The first article discussed strategies and tactics shareholder activists employ in controlled or blockholder-influenced companies in...
July 2017
This article will discuss strategies and tactics shareholder activists employ in the controlled and blockholder-influenced company universe of Hong Kong, where 80–90 percent of all listed public...
June 2017
In an acquisition or a joint venture transaction, the first substantive document on which the parties sign their name is the memorandum of understanding (the “MOU”). To a large extent, the MOU...
April 2017
On 20 January 2017, the SFC and the HKEX issued a joint statement regarding the price volatility of GEM stocks and a guideline to sponsors, underwriters and placing agents...
April 2017
Compulsory winding-up – petition – application to amend petition by substituting original debt for post-petition debt – jurisdiction to do so – test less stringent than that for plaintiff seeking...
December 2016
On 17 August 2016, the China Banking Regulatory Commission (“CBRC”), Ministry of Industry and Information Technology (“MIIT”), Ministry of Public Security (“MPS”) and the Cyberspace Administration of...
November 2016
“What keeps these patriarchs awake at night is succession to the next generation”, said Kevin Herbert, HSBC’s co-head for private banking in north Asia, as he spoke to the Financial Times in March...
July 2016
On 12 April 2016, the Supreme People’s Court (“SPC”) circulated for public comment the Provisions of the Supreme People’s Court on Certain Issues concerning the Application of the Company Law of the...
June 2016
Reduction of capital – confirmation by court – “share capital” under ss. 226, 229 was amount of share capital carried in company’s balance sheet at time of reduction – audited financial statements in...
May 2016
Capital restructuring has become increasingly common due to changing market conditions. Companies in Hong Kong can take advantage of the New Company Ordinance by reviewing their capital structure to...
March 2016
Liquidation – foreign company – Hong Kong court empowered at common law to recognise and assist foreign liquidators P sought to wind up C, a Cayman Islands company listed on the Hong Kong Stock...
February 2016
Jason Carmichael, Smyth & Co in association with RPC This issue was considered in Ryder Industries Ltd v Chan Shui Woo [2015] HKEC 2683, FACV 12 and 13 of 2015; a judgment of the Court of...
February 2016
In the recent decision of the English Supreme Court in Arnold v Britton [2015] UK SC 36 Lord Carnwath said “As Tolstoy said of unhappy families, every ill-drafted contract is ill-drafted ‘in its own...
February 2016