This seminar will review statutory as well as common law recovery actions commonly taken by liquidators and trustees in bankruptcy to recover assets for the insolvent estate. Such actions include unfair preference, transaction at undervalue, transaction to defraud creditors, as well as post-petition disposition. Special considerations will be given to the effects of such transactions on third parties.

The law in this area is significantly amended by the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016, which came into effect in February 2017. There are also important recent court decisions which shed light on the application of such provisions, which will be covered in the seminar.

Topics covered:-

* Amendments to Cap 32 in 2017

* A closer look at the unfair preference and transaction at undervalue provisions

* Post-petition disposition of company assets

* Recovery actions based on breach of director’s fiduciary duties

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