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All Beijing Shanghai Xi'an Chengdu Dalian Shenzhen Ji'nan Xiamen Hong Kong Tianjin Guangzhou Hangzhou Sydney Suzhou New York Wuhan Toronto Nanjing Fuzhou Zhengzhou Haikou Chongqing Hefei Qingdao Luolong Nanchang Wenzhou Ningbo Taiyuan Kunming Wuxi Silicon Valley Urumqi Almaty Dushanbe Tashkent

The Age of Digital Currency: Changing Landscape of Global Regulations and its Legal Status in China

The Age of Digital Currency: Changing Landscape of Global Regulations and its Legal Status in China The Age of Digital Currency: Changing Landscape of Global Regulations and its Legal Status in China IntroductionThe Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017 (the Bill) has passed both house on 7 December 2017, [1] which means the Federal Government of Australia will regulate the activities of digital currency exchange services ...

Conflict of interest between secured creditors and unsecured creditors in Chapter 11 cases

Conflict of interest between secured creditors and unsecured creditors in Chapter 11 casesConflict of interest between secured creditors and unsecured creditors in Chapter 11 casesWritten by Richard Daingerfield, the US consultant of Guantao Law Firm Oct. 21, 2017Translated by Shuo Wang, Guantao Law Firm Shenzhen Office, and the translation is reviewed by Ying Yin, a partner in Guantao Law Firm Shenzhen OfficeThe insufficiency of assets to fulfill al...

A Brief Explanation of Reorganization under Chapter 11 of the U.S. Bankruptcy Code

A Brief Explanation of Reorganization under Chapter 11 of the U.S. Bankruptcy CodeIn the U.S., a financially distressed company that wishes to avoid liquidation may file for reorganization under Chapter 11 of the U.S Bankruptcy Code.The theory of Chapter 11 reorganization is best understood by first considering traditional bankruptcy liquidation, which is found in Chapter 7 of the U.S. Bankruptcy Code. In a liquidation under Chapter 7, a trustee is appointe...

How to Safeguard your Rights under the Hanjin Shipping and the Zosco Bankruptcy Disasters

How to Safeguard your Rights under the Hanjin Shipping and the Zosco Bankruptcy DisastersFollowed Hanjin Shipping's global shocking rehabilitation proceeding on 1 September, 2016 before the Seoul Central District Court, on 25 October the Hangzhou Intermediate Court ruled to accept a Chinese state-owned big ship company, Zhejiang Ocean Shipping Company ("ZOSCO") bankruptcy, which owns 11 billion RMB to 14 big creditors, which are not include th...

Hong Kong Trend in Outbound Investment

Hong Kong Trend in Outbound InvestmentThe surge in outbound investment has been supported by current Chinese government policies. While new measures have been passed to ease the domestic approval process, challenges faced by Chinese investors overseas have not been alleviated. Nowadays, "How to structure our overseas investments?" is frequently the first question raised by clients to cross-border transaction lawyers.H...

Advantages, Opportunities in Rebooting NPA Securitization

Advantages, Opportunities in Rebooting NPA SecuritizationThe crash brought on by the subprime lending crisis in the US in 2008 caused markets around the world to reconsider financial derivatives, and the business of securitizing non-performing assets (NPAs) was also suspended for a time in China. However, with the increasing pressures felt as a result of the weakening Chinese economy, the rate of NPAs has continued to rise for seve...

Possibility of Enforcing Interim Relief for Foreign Arbitration Proceedings in Mainland China

Possibility of Enforcing Interim Relief for Foreign Arbitration Proceedings in Mainland ChinaIn foreign arbitration proceedings, the arbitral tribunal may issue interim awards or interim measures/orders in favor of an interested party. Foreign courts may also grant interim relief in aid of those arbitral cases. Nevertheless, whether such interim relief granted by a foreign tribunal or a foreign court may be recognized and enforced in mainland China is still an issue under de...

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