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  • September 23, 2014
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  1. Business - Companies - POINT OF LAW

    Prest divorce case clarifies limits of a corporate holding of assets in Hong Kong

    Posted Aug 14th 2013, 12:00am by STACEY DEVOY

    ... Stacey Devoy Stacey Devoy Lawyer Stacey Devoy of Withers explains a landmark case that clarified the extent to which a corporate structure can protect assets English divorce case with HK ... decision that corporate-held assets are immune from attack except in cases where fraud or abuse justifies tearing away the corporate veil. The Supreme Court also criticised the High Court's ...

    http://www.scmp.com/business/companies/article/1296504/prest-divorce-case-clarifies-limits-corporate-holding-assets-hong
  2. Business - Money - POINT OF LAW

    Odds not in favour of investors in 'forward accumulator' court cases

    Posted Nov 14th 2012, 12:00am by DAVID SMYTH AND WARREN GANESH, Reynolds Porter Chamberlain

    ... on an "execution" basis. Unless the bank acted egregiously (such as undue influence or misrepresentation) or specifically advised on a trade (which is unlikely to be the case) the investor will usually have ... accumulators, with different strike and knock out prices. In one recent case an investor apparently entered into some 350 forward accumulators over an approximate four-year period. It appears some ...

    http://www.scmp.com/business/money/markets-investing/article/1081855/odds-not-favour-investors-forward-accumulator-court
  3. Business - Companies - POINT OF LAW

    It's a case of buyer beware if moving into the mainland

    Posted Oct 31st 2012, 12:00am by JUSTIN WILSON, Sun Hong

    ... Justin Wilson and Sun Hong For any transaction there must be no question that what is bought is what was actually bargained for, warn partners at Norton Rose It's a case of buyer beware if moving into the mainland How well do you know and understand the target company ? It is important at the outset to understand what it is that you are buying and to ensure that you ...

    http://www.scmp.com/business/companies/article/1073377/its-case-buyer-beware-if-moving-mainland
  4. Business - China Business - POINT OF LAW

    New merger rules aim to speed up review process

    Posted Jul 24th 2013, 12:00am by David Livdahl, Jenny Sheng, Karen Song

    ... review process The Ministry of Commerce has published draft rules designed to streamline merger review processes. The "simple case draft" aims to facilitate the ministry's anti-monopoly pre-merger reviews by categorising certain cases as "simple ones" that may result in quicker approval.   What are "simple cases" and how will the simple review ...

    http://www.scmp.com/business/china-business/article/1289391/new-merger-rules-aim-speed-review-process
  5. Business - Companies - POINT OF LAW

    Hong Kong injunctions balanced striking dock worker, landowner rights

    Posted May 29th 2013, 12:00am by Patrick Sherrington, Jennifer Dickey

    ... injunctions to restrict named and unnamed individuals from demonstrating on their land. In both cases, injunctions were granted, although in more limited terms than originally requested because ... An interlocutory injunction is a temporary remedy, imposed in urgent cases to preserve the status quo between parties until a time when the dispute between them can be heard. Since the injunction ...

    http://www.scmp.com/business/companies/article/1248390/hong-kong-injunctions-balanced-striking-dock-worker-landowner
  6. Business - Companies - POINT OF LAW

    Shareholders use rights to see records

    Posted Jul 10th 2013, 12:00am by WARREN GANESH, JASON CARMICHAEL

    ... to see records In a landmark case a couple of years ago, the judge in charge of company and shareholder disputes in Hong Kong described section 152FA of the Companies Ordinance (Inspection of corporate records by members) as "an often overlooked yet powerful right by which to expose wrongful conduct in relation to the company's affairs". Since that case there has been ...

    http://www.scmp.com/business/companies/article/1279051/shareholders-use-rights-see-records
  7. Business - Companies - POINT OF LAW

    Arbitration builds on progress in Asia

    Posted Jul 03rd 2013, 12:00am by Kent Phillips, Roger Milburn

    ... benefits from the advantage of the New York Convention, which in principle makes awards more readily enforceable between all 148 signatory countries than is the case with equivalent foreign ... in terms of case loads and value. London or Paris is no longer the default option for arbitration of international trade disputes. A number of regional centres have sprung up in Malaysia, ...

    http://www.scmp.com/business/companies/article/1274205/arbitration-builds-progress-asia
  8. Business - Companies - POINT OF LAW

    SFC's civil court pursuit raises concern

    Posted Jun 05th 2013, 12:00am by DAVID SMYTH, WARREN GANESH

    ... of the recent Court of Final Appeal judgment in the Tiger Asia Management & Ors versus SFC case last month. The case decided that the SFC does have jurisdiction under section 213 of the Securities ... One anticipates that, for a number of possible reasons, the SFC will pursue this case in the civil courts to obtain declaratory relief and final orders.   Precedent Should the SFC succeed ...

    http://www.scmp.com/business/companies/article/1253535/sfcs-civil-court-pursuit-raises-concern
  9. Business - Money - POINT OF LAW

    New listing rules to strengthen Hong Kong’s IPO market

    Posted Aug 28th 2013, 12:00am by MARK CHAN

    ... as a preferred listing destination for good companies. Given recent examples in which the sponsor's work was truly sub-standard, such as the Hontex case, it was vital and timely for Hong Kong ...

    http://www.scmp.com/business/money/markets-investing/article/1299904/new-listing-rules-strengthen-hong-kongs-ipo-market
  10. Business - Banking & Finance - POINT OF LAW

    SFC tries to enhance professional investors' protection

    Posted Aug 21st 2013, 04:39am by DAVID SMYTH AND WARREN GANESH

    ... purporting to act on an “execution only” basis despite the fact that “the intermediary had made recommendations and had given views about investments”. The case in question went to trial in Hong Kong ...

    http://www.scmp.com/business/banking-finance/article/1298272/sfc-tries-enhance-professional-investors-protection

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