Corporate and Commercial Law
The Court-Free Amalgamation Process in Hong Kong
An amalgamation is a legal process under which the assets and liabilities of two or more companies incorporated in Hong Kong merge and are brought under one of the original companies. Tim Drew and Herman Pang from the Corporate and Commercial practice group of Tanner…Read More
Power of Chairman at General Meeting to Disallow a Member’s Vote
The general rule under the Companies Ordinance (Cap. 622)[1] subject to the provisions of a company’s articles is that every member present in person or by proxy is entitled to vote at a general meeting. This general rule was tested in the case of Kwok…Read More
Benchmark Litigation again ranks Tanner De Witt highly, listing twice as many practice groups as previous rankings
Partners Ian De Witt, Robin Darton and Jeff Lane were also selected as “Litigation Stars” in dispute resolution Tanner De Witt is delighted to be ranked Tier 1 for Insolvency, Tier 2 for Commercial and Transactions, Recommended in Private client – Domestic firms, and recognised…Read More
Mergers and Acquisition – Deposit at the MOU Stage
In the context of mergers and acquisitions, it is not uncommon for the intended seller to ask for a deposit or other amount to be paid under a memorandum of understanding (“MOU”). The MOU, much of which is usually not binding, will also provide for…Read More
Corporate Meetings During Social Distancing
Work-from-home arrangements. Restrictions on travel. No gatherings of four people or more. COVID-19 has changed how we work, live and socialise. The pandemic has also affected how companies conduct their corporate governance. We are now in financial reporting season when companies are convening board and…Read More
Is COVID-19 an event of force majeure?
Does COVID-19 allow you to get out of your contract on the grounds of force majeure? We have been asked this question several times in recent weeks. COVID-19 has hurt many businesses and has stopped contract performance in its tracks in many instances. Does that…Read More
Challenging Capital Reductions by Hong Kong Companies
Until recently, a Hong Kong incorporated company was allowed to reduce its share capital only with the approval of the court. In 2014, the new Companies Ordinance (Cap. 622) introduced a new court-free procedure to allow a company to reduce its capital by passing a…Read More
Retailers’ Relief – deadline of 12 April 2020
Retail Sector Subsidy Scheme – Eligibility and Requirements The HKSAR Government has established the “Retail Sector Subsidy Scheme” (the “Scheme”) being a part of the HK$30 billion “Anti-epidemic Fund” to provide relief to retailers over financial difficulties arising from the COVID-19 epidemic. This summary intends…Read More
COVID-19 and the Competition Ordinance
In light of the recent COVID-19 outbreak, the Competition Commission (“Commission”) issued a press release on 27 March 2020 on the application of the Competition Ordinance (Cap 619) (“Ordinance”) in terms of the supply of critical goods and services in Hong Kong. The Commission recognises…Read More
Executing contracts: do we really need pen and paper?
As more and more consumers buy their everyday products and services online, it is also increasingly common for parties to execute their more formal business contracts – loan agreements, distribution agreements, share purchase agreements etc. – electronically. Either by signing printed copies in counterparts and…Read More
Why the Privacy Commissioner in Hong Kong will soon have fining powers
The Information Commissioner’s Office (ICO) in the UK has fined Cathay Pacific GBP£500,000 for failing to protect the security of its customers’ personal data. Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt reviews. The data breach The data breach was…Read More
Q&A with Ivy Chan – Registered Foreign Lawyer
Ivy Chan is a Registered Foreign Lawyer and English qualified Solicitor who assists the Corporate and Commercial practice at Tanner De Witt. She specialises in banking and finance with a strong focus on secured lending involving both onshore and offshore structures. Prior to joining Tanner De Witt, Ivy…Read More