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02 Feb 2021

Cross-border insolvency in Hong Kong – listed companies and the second core requirement

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China Huiyuan Juice Group Limited [2020] HKCFI 2940 (date of decision: 19 November 2020)

The Hong Kong courts have developed over time three core requirements by reference to which the court assesses whether or not a good reason for making a winding-up-order against a foreign incorporated company in Hong Kong has been demonstrated.

Previously, it appears that with the debtor foreign company having a listing status in Hong Kong, it would always be able to satisfy the Hong Kong Court on the three core requirements.

It seems that this assumption could no longer be made in view of the recent decision in China Huiyuan Juice Group Limited [2020] HKCFI 2940, in which the Hong Kong Court of First Instance considered the second core requirement.

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