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  • Towards an Effective Scheme-Based Corporate Rescue System for Hong Kong

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    Author(s)
    Qu, Charles
    Griffith University Author(s)
    Qu, Charles Z.
    Year published
    2012
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    Abstract
    Scheme of Arrangement (SOA) was dismissed as a viable restructuring device in the corporate rescue debate towards the end of the last century. This paper demonstrates that SOA can be used effectively to perform corporate rescue functions. This conclusion is based on an assessment of the efficacy of the SOA-based rescue system developed by the Hong Kong courts since the mid-late1990s. The paper points out, however, that the effectiveness of this scheme-based restructuring system can be greatly improved by linking a court-controlled moratorium to the SOA provision in Hong Kong's Companies Ordinance.Scheme of Arrangement (SOA) was dismissed as a viable restructuring device in the corporate rescue debate towards the end of the last century. This paper demonstrates that SOA can be used effectively to perform corporate rescue functions. This conclusion is based on an assessment of the efficacy of the SOA-based rescue system developed by the Hong Kong courts since the mid-late1990s. The paper points out, however, that the effectiveness of this scheme-based restructuring system can be greatly improved by linking a court-controlled moratorium to the SOA provision in Hong Kong's Companies Ordinance.
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    Journal Title
    Journal of Corporate Law Studies
    Volume
    12
    Issue
    1
    DOI
    https://doi.org/10.5235/147359712800129885
    Copyright Statement
    © 2012 Hart Publishing. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Corporations and Associations Law
    Law
    Publication URI
    http://hdl.handle.net/10072/47182
    Collection
    • Journal articles

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