Corporate

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 recent years, the legal profession in the UK and the US have been working with economists in order to unravel the complex structure of commercial transactions. One of the fruits of this exercise...
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
Directors – listed company – disqualification – three directors made false claim so that company assets wrongly paid to company owned by one of directors – appropriate length of disqualification...
January 2016
Liquidated Damages – Penalties Revisited The English Supreme Court, in its recent combined decision in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis ([2015] UKSC 67),...
January 2016
Religious institution incorporated as company – expulsion of members – whether rules of natural justice applied in terminating membership of religious charitable trust and incorporated company...
December 2015
Warren Ganesh and Lydia Mak, Smyth...
November 2015
Unofficially, the Stamp Office recognises that the transmission of Hong Kong shares by virtue of certain foreign law mergers of legal personality does not give rise to a charge to ad valorem stamp...
October 2015
Maintenance and champerty – litigation funding agreement and assignment of cause of action – whether champertous D1–2, a solicitors’ firm and a barrister respectively, were alleged to have...
August 2015
Mark Stevens, Partner, Mayer Brown JSM The Government recently announced that the Contracts (Rights of Third Parties) Ordinance (the “Ordinance”) will come into force on 1 January 2016....
July 2015
Liquidation – private examination of officer of company pursuant to s.221 – whether jurisdiction to order examination in relation to subsidiaries of company – whether reasonable to order examination...
July 2015