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China’s Corporate Restructuring Tools and Their Cross-border Implications

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This webinar looks at China’s corporate restructuring tools and their cross-border implications.

About this event

This webinar takes place from 3:30pm to 4:45pm (Singapore time) on Thursday, 21 October 2021.

Members of the Singapore Academy of Law (SAL) who want to take advantage of their SAL credit dollars can sign up at https://www.sal-e.org.sg/playbook-on-chinas-corporate-restructuring-tools-and-their-cross-border-implications. Do note SAL's system is unable to cater to promo codes if you hold any.

Overview

China has witnessed vibrant insolvency law developments in recent times, evident by the establishment of specialised bankruptcy courts across the country, an upward trend in the number of cross-border insolvency cases involving Chinese businesses overseas and multinationals with operations in the Mainland, and the recently concluded protocol between the Mainland and the Hong Kong Special Administrative Region (HKSAR) on the recognition of each other’s insolvency proceedings.

Organised by the Asian Business Law Institute, this webinar looks to discuss the following key aspects:

  • Corporate restructuring tools available under domestic Chinese law (and practice): reorganisation (重整) and mediation (和解) with case study
  • Mutual recognition of insolvency proceedings in the Mainland and HKSAR — how this protocol may impact the recognition and enforcement of foreign insolvency orders from Mainland China, the HKSAR and countries in Southeast Asia, and how it may influence approaches for cross-border deals involving Mainland China and Southeast Asia
  • Cases of Chinese bankruptcy administrators being recognised in other jurisdictions, including in Singapore
  • A survey of the regimes in Singapore and other jurisdictions in Southeast Asia on the recognition of foreign insolvency orders and proceedings, and whether a protocol similar to the Mainland-HKSAR arrangement is possible in the Southeast Asian region

When is this webinar scheduled?

This webinar will take place from 3:30pm to 4:45pm (Singapore time) on Thursday, 21 October 2021.

Please be mindful of the time difference if you are joining from outside of Singapore.

Who will be speaking at this webinar (in alphabetical order)?

The Hon Mr Justice Jonathan Harris

Judge of the Court of First Instance of the High Court of the Hong Kong Special Administrative Region

Jonathan Harris became a judge of the High Court of Hong Kong on 1 December 2009 and shortly thereafter was appointed the Judge in charge of the Companies and Insolvency Court. Judge Harris practiced as a solicitor in Hong Kong from 1983 to 1993. He was a partner in an international law firm prior to joining the Bar in 1993. Judge Harris was appointed Senior Counsel in 2006. Prior to joining the Judiciary, his principal areas of practice involved insolvency, company regulation and securities.

Judge Harris is an active member of the International Insolvency Institute and INSOL and is a member of INSOL’s International College of Mediators. He has a particular interest in cross-border insolvency and restructuring issues. He was one of the attendees at the inaugural conference of the Judicial Insolvency Network which led to the production of “JIN Guidelines” and is a member of the Advisory Committee of the Asian Business Law Institute’s project “Asian Principles of Business Restructuring”.

Judge Harris is also a member of the Judicial Committee of the Academy of Experts in England, a Fellow of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators, and a CEDR accredited mediator.

Shen Yuhan (Shanghai, China)

Partner, King & Wood Mallesons

Shen Yuhan specialises in insolvency restructuring, bankruptcy reorganization, risk management, bankruptcy liquidation of financial institutions and special opportunity investment.

She has more than 10 years of experience in insolvency practice, and has handled numerous complex large and medium-sized restructuring matters, including joint reorganisation, bankruptcy liquidation, voluntary shut-down and other insolvency arrangements or dispute resolution. She has also advised on establishing special situation investment funds and non-performing assets investment issues.

Yuhan has led and advised complicated restructuring projects across different sectors, including infrastructure, manufacturing, retail and financial institutions. She has been ranked as a “Rising Star” in Asia Pacific by The Legal 500 for 2020 and 2021.

Sim Kwan Kiat (Singapore)

Head of Restructuring & Insolvency, Rajah & Tann Singapore LLP, Singapore

Kwan Kiat heads the Restructuring & Insolvency practice group of Rajah & Tann Singapore LLP, Singapore’s largest dedicated legal practice dealing with banking and financing disputes, corporate insolvencies, business advisory, workouts and debt restructurings, and enforcement of creditors' rights. He regularly advises and acts for banks and accounting firms in the whole gamut of insolvency proceedings, from liquidation, receivership to judicial management and schemes of arrangement, of which many had a strong cross-border element.

Cited and recognised in the field of restructuring and insolvency in publications including Chambers Asia-Pacific, Asia Pacific Legal 500, IFLR 1000, Asialaw Leading Lawyers, and Best Lawyers, Kwan Kiat is a regular speaker at local and overseas seminars and conferences, and also teaches Insolvency Law and is the Deputy Subject Coordinator for the Insolvency Law and Practice course for the Singapore Bar Examinations.

Is this webinar accredited for continuing professional development (CPD) points for Singapore-admitted lawyers?

This webinar has been accredited for 1 public CPD point. Attendees who wish to claim CPD points are reminded to provide their AAS numbers or other number issued by the Singapore Institute of Legal Education (SILE) during registration. You are required to strictly follow the attendance policy of SILE before CPD points can be awarded. Please refer to www.sileCPDcentre.sg for more information.

I am qualified in a jurisdiction other than Singapore. Will attending this webinar entitle me to claim relevant CPD-equivalent points in my own jurisdiction?

The answer to this question depends on the rules of the relevant governing body in your jurisdiction. In the past, we have issued letters of attendance accompanied by actual Zoom log-in records to assist non-Singapore-qualified attendees to claim their professional learning points. Therefore, if a letter of attendance and a Zoom record are all you need, we will be able to help. Likewise, we have issued the same set of documents to professionals other than lawyers who may also have such continuing education requirements.

However, if the rules of your jurisdiction require an event to be accredited, we regret that this session will not entitle you to claim points outside of Singapore.

I am a member of the Singapore Academy of Law (SAL), and would like to use my SAL credit dollars to sign for the webinar. How do I do so?

SAL members who want to take advantage of their SAL credit dollars can sign up at https://www.sal-e.org.sg/playbook-on-chinas-corporate-restructuring-tools-and-their-cross-border-implications. Do note that if you sign up there, you will receive an invoice generated by SAL. SAL is a GST-registered organisation. ABLI does not charge GST and will absorb GST on its own for registrations via SAL.

If you are from any of ABLI's Founding Partners and would like to enjoy the discount to which you are entitled, you will need to sign up on Eventbrite as SAL's system does not cater specifically to such arrangements.

This is the same case if you have received any special promo code directly from ABLI.

How do I register for this webinar?

To register for this webinar:

Step 1: Purchase a ticket here on Eventbrite, and make sure you enter the correct email address to receive the webinar registration link that will be sent to you separately;

Step 2: Once ABLI is notified of your ticket purchase, we will email you a separate link for you to sign up for the Zoom webinar in advance. This is mandatory as the webinar link sent to you is unique and manual approval of your webinar registration ensures that your attendance can be recorded at the back-end for CPD purposes.

Step 3: After your sign-up is approved by the organiser, simply follow the instructions indicated in the approval email to attend the webinar on 21 October 2021. Please be punctual as the system captures your log-in time, which is especially relevant if you are claiming for CPD points.

Please be mindful of the time difference if you are joining from outside of Singapore.

What if I am unable to attend this webinar after registration? Are the fees paid refundable?

Unfortunately, the payments made are not refundable. If you are unable to attend the webinar, we request that you let us know as soon as possible so that we can let you transfer your slot to your colleague.

I am interested in this webinar but unable to make it for the live session. If I register, will a recording be made available to me?

Yes, a recording of the webinar can be made available upon request via a private link, though it is important to bear in mind that viewing the recording will not entitle you to any public CPD points. In principle, we only provide recording upon request by a paid attendee.

Will the materials presented at the webinar be made available to attendees?

The materials can be made available to attendees if the speakers so consent as they are the copyright owners of their presentation materials. Those who wish to receive such materials are encouraged to write to catherine_shen@abli.asia after the webinar for more information.

Are the fees payable inclusive of GST?

No. ABLI is not GST-registered, and therefore does not charge GST.

Eventbrite sends me an order confirmation after registration, but I need a formal invoice so as to submit a webinar fee claim to my employer. How do I go about doing that?

Please write to catherine_shen@abli.asia. ABLI can issue an official receipt to you for expense claim purposes upon receiving your request.

Who can I contact if I have more questions?

Please write to catherine_shen@abli.asia for any query you may have about this webinar.

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Date and time

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Contact the organiser to request a refund.

Eventbrite's fee is nonrefundable.

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Organiser Asian Business Law Institute

Organiser of China’s Corporate Restructuring Tools and Their Cross-border Implications

Launched in January 2016, the Asian Business Law Institute is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade.

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