Insolvency 2019

Last Updated December 07, 2018

Insolvency 2019 - Comparisons

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Last Updated December 07, 2018

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Law and Practice

Authors

Zheng Zhibin

Zhang Ting

Dentons (Beijing) was one of the first law firms in China to offer corporate restructuring and insolvency services, and now has one of the largest teams in China, with more than 40 extensively experienced lawyers overseen by some of the most well-known restructuring and insolvency practitioners in China. The team has participated in corporate insolvency, restructuring and debt restructuring cases involving multinational private enterprises and publicly traded companies in a wide range of sectors, including the financial, manufacturing, real estate, high-technology, infrastructure, electronic, pharmaceutical and service industries.

Dentons

7/F, Building D, Parkview Green
FangCaoDi
No. 9, Dongdaqiao Road
Chaoyang District
10020
Beijing
China

+86 10 58137799

+86 10 58137788

Yue.liu@dentons.cn www.dentons.cn

1. Market Trends and Developments 1. Market Trends and Developments

1.1 The State of the Restructuring Market 1.1 The State of the Restructuring Market
1.2 Changes to the Restructuring and Insolvency Market 1.2 Changes to the Restructuring and Insolvency Market

2. Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations 2. Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations

2.1 Overview of the Laws and Statutory Regimes 2.1 Overview of the Laws and Statutory Regimes
2.2 Types of Voluntary and Involuntary Financial Restructuring, Reorganisation, Insolvency and Receivership 2.2 Types of Voluntary and Involuntary Financial Restructuring, Reorganisation, Insolvency and Receivership
2.3 Obligation to Commence Formal Insolvency Proceedings 2.3 Obligation to Commence Formal Insolvency Proceedings
2.4 Procedural Options 2.4 Procedural Options
2.5 Liabilities, Penalties or Other Implications for Failing to Commence Proceedings 2.5 Liabilities, Penalties or Other Implications for Failing to Commence Proceedings
2.6 Ability of Creditors to Commence Insolvency Proceedings 2.6 Ability of Creditors to Commence Insolvency Proceedings
2.7 Requirement for Insolvency to Commence Proceedings 2.7 Requirement for Insolvency to Commence Proceedings
2.8 Specific Statutory Restructuring and Insolvency Regimes 2.8 Specific Statutory Restructuring and Insolvency Regimes

3. Out-of-court Restructurings and Consensual Workouts 3. Out-of-court Restructurings and Consensual Workouts

3.1 Consensual and Other Out-of-court Workouts and Restructurings 3.1 Consensual and Other Out-of-court Workouts and Restructurings
3.2 Typical Consensual Restructuring and Workout Processes 3.2 Typical Consensual Restructuring and Workout Processes
3.3 Injection of New Money 3.3 Injection of New Money
3.4 Duties of Creditors to Each Other, or of the Company or Third Parties 3.4 Duties of Creditors to Each Other, or of the Company or Third Parties
3.5 Consensual, Agreed Out-of-court Financial Restructuring or Workout 3.5 Consensual, Agreed Out-of-court Financial Restructuring or Workout

4. Secured Creditor Rights and Remedies 4. Secured Creditor Rights and Remedies

4.1 Type of Liens/Security Taken by Secured Creditors 4.1 Type of Liens/Security Taken by Secured Creditors
4.2 Rights and Remedies for Secured Creditors 4.2 Rights and Remedies for Secured Creditors
4.3 The Typical Timelines for Enforcing a Secured Claim and Lien/Security 4.3 The Typical Timelines for Enforcing a Secured Claim and Lien/Security
4.4 Special Procedures or Impediments That Apply to Foreign Secured Creditors 4.4 Special Procedures or Impediments That Apply to Foreign Secured Creditors
4.5 Special Procedural Protections and Rights for Secured Creditors 4.5 Special Procedural Protections and Rights for Secured Creditors

7. Statutory Insolvency and Liquidation Proceedings 7. Statutory Insolvency and Liquidation Proceedings

7.1 Types of Statutory Voluntary and Involuntary Insolvency and Liquidation Proceedings 7.1 Types of Statutory Voluntary and Involuntary Insolvency and Liquidation Proceedings
7.2 Distressed Disposals as Part of Insolvency/Liquidation Proceedings 7.2 Distressed Disposals as Part of Insolvency/Liquidation Proceedings
7.3 Implications of Failure to Observe the Terms of an Agreed or Statutory Plan 7.3 Implications of Failure to Observe the Terms of an Agreed or Statutory Plan
7.4 Investment or Loan of Priority New Money 7.4 Investment or Loan of Priority New Money
7.5 Insolvency Proceedings to Liquidate a Corporate Group on a Combined Basis 7.5 Insolvency Proceedings to Liquidate a Corporate Group on a Combined Basis
7.6 Organisation of Creditors 7.6 Organisation of Creditors
7.7 Conditions Applied to the Use of or Sale of Assets 7.7 Conditions Applied to the Use of or Sale of Assets

8. International/Cross-border Issues and Processes 8. International/Cross-border Issues and Processes

8.1 Recognition or Other Relief in Connection with Foreign Restructuring or Insolvency Proceedings 8.1 Recognition or Other Relief in Connection with Foreign Restructuring or Insolvency Proceedings
8.2 Protocols or Other Arrangements with Foreign Courts 8.2 Protocols or Other Arrangements with Foreign Courts
8.3 Rules, Standards and Guidelines to Determine the Paramountcy of Law 8.3 Rules, Standards and Guidelines to Determine the Paramountcy of Law
8.4 Foreign Creditors 8.4 Foreign Creditors

9. Trustees/Receivers/Statutory Officers 9. Trustees/Receivers/Statutory Officers

9.1 Types of Statutory Officers Appointed in Proceedings 9.1 Types of Statutory Officers Appointed in Proceedings
9.2 Statutory Roles, Rights and Responsibilities of Officers 9.2 Statutory Roles, Rights and Responsibilities of Officers
9.3 Selection of Statutory Officers 9.3 Selection of Statutory Officers
9.4 Interaction of Statutory Officers with Company Management 9.4 Interaction of Statutory Officers with Company Management
9.5 Restrictions on Serving as a Statutory Officer 9.5 Restrictions on Serving as a Statutory Officer

10. Advisers and Their Roles 10. Advisers and Their Roles

10.1 Types of Professional Advisers 10.1 Types of Professional Advisers
10.2 Authorisations Required for Professional Advisers 10.2 Authorisations Required for Professional Advisers
10.3 Roles Typically Played by the Various Professional Advisors 10.3 Roles Typically Played by the Various Professional Advisors

11. Mediations/Arbitrations 11. Mediations/Arbitrations

11.1 Use of Arbitration/Mediation in Restructuring/Insolvency Matters 11.1 Use of Arbitration/Mediation in Restructuring/Insolvency Matters
11.2 Parties' Attitude to Arbitration/Mediation 11.2 Parties' Attitude to Arbitration/Mediation
11.3 Mandatory Arbitration or Mediation 11.3 Mandatory Arbitration or Mediation
11.4 Pre-insolvency Agreements to Arbitrate 11.4 Pre-insolvency Agreements to Arbitrate
11.5 Statutes That Govern Arbitrations and Mediations 11.5 Statutes That Govern Arbitrations and Mediations
11.6 Appointment of Arbitrators/Mediators 11.6 Appointment of Arbitrators/Mediators

12. Duties and Personal Liability of Directors and Officers of Financially Troubled Companies 12. Duties and Personal Liability of Directors and Officers of Financially Troubled Companies

12.1 Duties of Officers and Directors of a Financially Distressed or Insolvent Company 12.1 Duties of Officers and Directors of a Financially Distressed or Insolvent Company
12.2 Direct Fiduciary Breach Claims 12.2 Direct Fiduciary Breach Claims
12.3 Chief Restructuring Officers 12.3 Chief Restructuring Officers
12.4 Shadow Directorship 12.4 Shadow Directorship
12.5 Owner/Shareholder Liability 12.5 Owner/Shareholder Liability

13. Transfers/Transactions That May Be Set Aside 13. Transfers/Transactions That May Be Set Aside

13.1 Grounds to Set Aside/Annul Transactions 13.1 Grounds to Set Aside/Annul Transactions
13.2 Look-back Period 13.2 Look-back Period
13.3 Claims to Set Aside or Annul Transactions 13.3 Claims to Set Aside or Annul Transactions

14. Intercompany Issues 14. Intercompany Issues

14.1 Intercompany Claims and Obligations 14.1 Intercompany Claims and Obligations
14.2 Off-set, Set-off or Reduction 14.2 Off-set, Set-off or Reduction
14.3 Priority Accorded Unsecured Intercompany Claims and Liabilities 14.3 Priority Accorded Unsecured Intercompany Claims and Liabilities
14.4 Subordination to the Rights of Third-party Creditors 14.4 Subordination to the Rights of Third-party Creditors
14.5 Liability of Parent Entities 14.5 Liability of Parent Entities
14.6 Precedents or Legal Doctrines That Allow Creditors to Ignore Legal Entity Decisions 14.6 Precedents or Legal Doctrines That Allow Creditors to Ignore Legal Entity Decisions
14.7 Duties of Parent Companies 14.7 Duties of Parent Companies
14.8 Ability of Parent Company to Retain Ownership/Control of Subsidiaries 14.8 Ability of Parent Company to Retain Ownership/Control of Subsidiaries

15. Trading Debt and Debt Securities 15. Trading Debt and Debt Securities

15.1 Limitations on Non-banks or Foreign Institutions 15.1 Limitations on Non-banks or Foreign Institutions
15.2 Debt Trading Practices 15.2 Debt Trading Practices
15.3 Loan Market Guidelines 15.3 Loan Market Guidelines
15.4 Enforcement of Guidelines 15.4 Enforcement of Guidelines
15.5 Transfer Prohibition 15.5 Transfer Prohibition
15.6 Navigating Transfer Restrictions 15.6 Navigating Transfer Restrictions

16. The Importance of Valuations in the Restructuring and Insolvency Process 16. The Importance of Valuations in the Restructuring and Insolvency Process

16.1 Role of Valuations in the Restructuring and Insolvency Market 16.1 Role of Valuations in the Restructuring and Insolvency Market
16.2 Initiating Valuation 16.2 Initiating Valuation
16.3 Jurisprudence Related to Valuations 16.3 Jurisprudence Related to Valuations

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Authors

Zheng Zhibin

Zhang Ting

Dentons

7/F, Building D, Parkview Green
FangCaoDi
No. 9, Dongdaqiao Road
Chaoyang District
10020
Beijing
China

+86 10 58137799

+86 10 58137788

Yue.liu@dentons.cn www.dentons.cn

Insolvency 2019

Insolvency 2019 - Comparisons

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Dentons

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Dentons

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