The Allen & Overy Podcast
Great Fund Insights podcast: Spotlight on opportunities in alternative investments in Australia

Great Fund Insights podcast: Spotlight on opportunities in alternative investments in Australia

April 29, 2021

Australia based partner, Jason Denisenko and Middle East based counsel, Kamar Jaffer put the spotlight on Australia as they discuss opportunities in alternative investments and market trends from both the manager and investor perspective.

Topics discussed in this podcast include:

  • Recent trends in Australia’s fund raising environment
  • The type of fund vehicles being used in Australia
  • Investment strategies and opportunities in Australia
  • Legal, regulatory and policy developments
  • Fund managers’ focus on governance and economics
  • The industry’s approach to ESG
  • The trends on institutional capital
  • Developments on secondaries
  • Looking in to 2021 and beyond

This Great Fund Insights podcast will be of interest to sovereign wealth funds, institutional investors, family offices, fund managers and portfolio companies with a focus on Australia.

Hong Kong’s approach to cross-border and insolvency recognition

Hong Kong’s approach to cross-border and insolvency recognition

April 22, 2021

Our APAC Restructuring & Recovery lawyers take a detailed look at the recent and significant decision by the Hong Kong court in Re Lamtex Holdings Limited.

This case concerns a Bermudan-incorporated debtor company listed on the Hong Kong Stock Exchange with its centre of main interests (‘COMI’) in Hong Kong and with operations in Mainland China and Hong Kong.  The Hong Kong court decided to wind up the company in view of the limited evidence that any proposed restructuring would be successful.

In a detailed discussion moderated by Karen Chan; Ian Chapman and Viola Jing from our Asia Pacific Restructuring & Recovery Group, along with Look Chan Ho of Des Voeux Chambers unpack the Hong Kong Court’s decision and discuss its implications for Hong Kong based restructurings on the recognition of offshore provisional liquidators and the availability of judicial assistance to stay enforcement action in Hong Kong. The panel consider the shift by the Hong Kong court towards an ‘UNCITRAL Model Law’ approach, displacing primacy of place of incorporation of the debtor company in favour of its COMI, and discuss the following issues:

  • The Hong Kong court’s recent approach to the jurisdiction to wind up foreign companies and the debtors’ application for adjournment for restructuring purposes.
  • What is the direction of the Hong Kong court’s approach to application by foreign liquidators and provisional liquidators for recognition and assistance in Hong Kong?
  • In light of the Lamtex Decision, what are the pros and cons for companies looking to have “soft-touch” provisional liquidators appointed in the place of incorporation?
  • If recognition and assistance of foreign insolvency proceedings in Hong Kong is discretionary, what are the alternative options? Is there an option for a CRO as an alternative?
  • How should the future of the restructuring and cross-border recognition regime look like? Should section 193 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance be amended?
  • If section 193 is amended, is COMI the deciding factor?
In Credit Podcast - Episode 6: Key takeaways from the Financial Conduct Authority’s finalised guidance for firms on the fair treatment of vulnerable customers

In Credit Podcast - Episode 6: Key takeaways from the Financial Conduct Authority’s finalised guidance for firms on the fair treatment of vulnerable customers

April 12, 2021

In this episode of In Credit, A&O consumer finance team Joanne Owens, Victoria Ferres and Sophie Skeet are joined by A&O Consulting executive director Claire Haydon to discuss the Financial Conduct Authority’s (FCA) long-awaited finalised guidance on vulnerable customers. This guidance applies to all firms where the FCA’s Principles for Businesses apply, regardless of sector and to the supply of products or services to retail customers even if a firm does not have a direct client relationship with the customer.

In this episode, the panellists explain how firms should understand the harms their customers may be vulnerable to throughout the whole customer journey so that those firms can ensure that vulnerable customers receive the same fair treatment and outcomes as other customers. The panellists also look in detail at the specific chapters including:

  • Understanding the needs of vulnerable customers
  • Skills and capabilities of staff
  • Taking practical action
  • Monitoring and evaluating compliance

For information on this or any related topics, please get in touch with the speakers, or your usual A&O contact.

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