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  • Article

    A Landmark Debt Restructuring Case In China's Bond Markets

    On August 11, 2017, the Dalian Intermediate People's Court approved the proposed bankruptcy restructuring plan of Dongbei Special Steel Group Co. Ltd., a state-owned enterprise ("SOE")...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Fangda Partners
    Fangda Partners
  • Article

    Do It Yourself Estate Planning: What Could Go Wrong?

    The popularity of do-it-yourself ("DIY") legal documents has surged in recent years. While online services may be less expensive, the adage that "you get what you pay for" often holds true.
    ChinaFamily and Matrimonial
    Mansour Gavin
    Mansour Gavin
  • Article

    Hanjin Shipping - Current Jurisdictional Status And Options - China

    The Chinese Maritime Courts are not obliged to recognise and/or enforce foreign courts' orders, therefore Hanjin's creditors could still arrest Hanjin-related vessels in China...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    《关于执行案件移送破产审查若干问题的指导意见》评述

    2017年1月20日,最高人民法院发布了《关于执行案件移送破产审查若干问题的指导意见》的通知(法发[2017]2号,以下简称"《指导意见》"),
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Han Kun Law Offices
    Han Kun Law Offices
  • Article

    China’s First Self-Rescue Out-of-Court Restructuring For Commercial Real Estate: A Breakthrough Before The Auction Hammer Falls

    When a distressed company faces enforcement proceedings, creditors and debtors often find themselves at an impasse between immediate asset liquidation and uncertain bankruptcy restructuring. The J Company case demonstrates how out-of-court restructuring can provide a credible negotiation platform that preserves enterprise value while offering creditors better recovery prospects than a forced auction.
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Fangda Partners
    Fangda Partners
  • Article

    CIRC Announces Planning For C-ROSS Phase II

    At a national "solvency regulation" working meeting convened by the China Insurance Regulatory Commission (CIRC) on 11 April 2017, CIRC Deputy Chairman Chen Wenhui highlighted four key risks currently faced by China's insurance sector.
    ChinaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    又一波组合拳来袭——最高人民法院出台三部执行程序规范性文件进一步惩û

    2017年3月1日,最高人民法院出台《关于民事执行中财产调查若干问题的规定》、《关于修改〈最高人民法院关于公布失信被执行人名单信息的若ॱ
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Han Kun Law Offices
    Han Kun Law Offices
  • Article

    董事在破产中的潜在责任:面临新冠病毒肺炎导致破产的公司董事的注意事项

    由新冠病毒肺炎引起的全球性疾病大流行...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Re China Gem Fund IX LP (In Official Liquidation) [2025] CIGC (FSD) 100

    This decision provides helpful guidance on the appropriate scope of powers to be sought in a recognition of liquidators by the High Court of Hong Kong. The powers sought should be no wider than those genuinely required.
    ChinaLitigation, Mediation & Arbitration
    Collas Crill
    Collas Crill
  • Article

    Hanjin Shipping - Current Jurisdictional Status And Options

    The collapse of Hanjin Shipping Co Ltd, marked by its application for rehabilitation relief in South Korea at the end of August 2016, has given rise to a number of legal and commercial difficulties at an international level.
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    Liquidation Of Foreign Invested Enterprises In China

    On 15 January 2008, the State Council has issued Decree 516 abolishing the Liquidation Regulations and stating as the reason for issuance of Decree 516 the promulgation of the PRC Company Law on 27 October 2005, which became effective on 1 January 2006.
    ChinaCorporate/Commercial Law
    Beiten Burkhardt
    Beiten Burkhardt
  • Article

    Futures And Derivatives Legislation In China

    The Futures and Derivatives Law of the People's Republic of China was adopted by the National People's Congress on April 20th and is effective from August 1, 2022.
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Horizons Corporate Advisory Co Ltd
    Horizons Corporate Advisory Co Ltd
  • Article

    Different Court Approaches To Bankruptcy Claim Objections

    To protect the legitimate rights and interests of both debtors and creditors in bankruptcy proceedings, if they disagree with any bankruptcy claim on the checklist of creditors' rights,...
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Community Liability Financing For Property Developers In Plight

    Almost without exception, property developers plagued by bankruptcy prospects find themselves at the end of their ropes in terms of liquidity. Considering the day-and-night difference in the market value of a property, the costs of and...
    ChinaReal Estate and Construction
    Jingtian & Gongcheng
    Jingtian & Gongcheng
  • Article

    Chinese Government Loosening Foreign Exchange Control

    According to the General Administration of Customs, China’s trade surplus in May 2006 reached $13 billion. It has been a continuous increase for a period of 25 months. The trade surplus has contributed to the rapid growth of China’s foreign exchange reserve that is now more than $900 billion, the largest in the world.
    ChinaFinance and Banking
    Holland & Knight
    Holland & Knight
  • Article

    One Step Further: Mutual Recognition Of And Assistance To Insolvency Proceedings Between Hong Kong And Mainland China

    On May 14, 2021, the Secretary for Justice of Hong Kong and Vice-President of the Supreme People's Court (SPC) of China signed a record of meeting (the Record)
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Winston Taylor
    Winston Taylor
  • Article

    Cooperation Arrangement For Cross-border Corporate Insolvency And Debt Restructuring Proceedings Established Between Mainland China And Hong Kong

    A new cooperation arrangement for mutual recognition of and assistance to cross-border corporate insolvency and debt restructuring proceedings has been established between Mainland China and Hong Kong (the Cooperation Arrangement).
    GlobalInsolvency/Bankruptcy/Re-Structuring
    Mayer Brown
    Mayer Brown
  • Article

    Foreign Creditors Get More Say Under New Hong Kong – Mainland China Insolvency Arrangement

    A new era has been ushered in following the arrangement on the mutual recognition of, and assistance with, insolvency-related proceedings and restructurings between Hong Kong and mainland China.
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    Validity Of Mortgages Established On Vessels Owned By Company In Bankruptcy

    Hainan PO Shipping was established by Hainan State-owned Assets Supervision and Administration Commission in 2009.
    ChinaInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    Tax Relief For Financial Institutions' Disposal Of Toxic Assets

    On 30 September 2022, the Ministry of Finance (MOF) and the State Taxation Administration (STA) issued the announcement No.31 of 2022, which provides for VAT, stamp duty, deed tax, real property tax...
    ChinaTax
    Jingtian & Gongcheng
    Jingtian & Gongcheng

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