Corporate Counsel What signs will indicate when an organization may be insolvent and how to address the inevitable?
- Date
- Friday, April 26
- Time
- 9:00-10:30
- Location (Room)
- La lumière
Signs when an organisation may be insolvent and how to address the inevitable
Is your company or business partner insolvent? Companies in financial distress will display certain characteristics - repeated breach of banking covenants or if financiers are always seeking more information, the audited accounts are frequently delayed, management is unable to provide information to stakeholders or explain what led to a particular state of affairs, or even high staff turnover.
If you see only a few of these, then your company may be OK but any more than that is a warning sign that you should take seriously. Exactly when a business becomes insolvent is not determined by a single factor but by a wide spectrum of issues. Insolvency is apparent on hindsight, but this session aims to help identify the red flags and steps to manage risks, whether by the board, management, creditors, financiers. We look forward to discussing case studies across jurisdictions to identify best practices in handling pre-insolvency/insolvency situations.
Moderator
Ng Sai Yeang
Speaker
Misha
Misha is a Partner in the Firm's Dispute Resolution practice with more than 18 years of experience. With the enactment of the new insolvency statute, she has been spearheading the Insolvency and Bankruptcy practice before the National Company Law Tribunal (NCLT) at the Firm while consolidating her experience in corporate insolvency, restructuring and banking matters under the old regime. Misha also has extensive experience with respect to shareholders’ disputes.
Misha has been involved in 10 out of the 12 largest non-performing asset (“NPA”) accounts referred for the insolvency resolution process under the Code by the central bank - Reserve Bank of India.
Misha has been recognised for Restructuring/Insolvency by Chambers & Partners Asia Pacific, 2024 and recognised as the ‘Dispute Resolution Star’ in the practice of Insolvency and Taxation by Benchmark Litigation, Benchmark Litigation, 2019 —I 2022. She has been listed as ‘Highly Regarded’ for Restructuring & Insolvency at the IFLR1000 Asia Pacific Rankings, 2023.
Misha has also been recognised among the ‘Top 100 Women in Litigation 2020-2022, Asia Pacific’ by Benchmark Litigation. She was awarded the ‘Dispute Resolution Lawyer of the Year’ by Asian Legal Business India Law Awards 2019. She has also been recognised amongst the ‘Top 50 Lawyers’ by ALB India 2020 Super Lawyers.
Speaker
Christopher Mack
Speaker
Danny Kan
Danny is a Corporate Partner at Stephenson Harwood Hong Kong. Previously, he served as company secretary for Ping An Group, dual-listed on the Hong Kong and Shanghai stock exchanges. He was also chief counsel of Ping An Group's overseas business and head of legal & compliance of Ping An Global Voyager Fund.
Danny is an award-winning lawyer known for advising on complex transactions involving the Listing Rules, Takeovers Code and first-of-its-kind structures. He has advised companies at different stages of their development on capital raising, cross-border M&A and corporate restructuring – from early-stage financing to pre-IPO, from IPO to secondary offerings (e.g. rights issue, open offer, block trades, etc.), as well as from spin-offs to public takeovers. He also advises State-owned enterprises, sovereign funds, venture capital funds and asset management firms on an array of investments.
He is currently a member of the Company Law Committee and the Investment Products and Financial Services Committee under the Hong Kong Law Society. He has also been appointed by the Honourable Chief Justice as a Practising Member of the Solicitors Disciplinary Tribunal Panel.
Speaker
Mitsuru Claire Chino
Mitsuru Claire Chino is a bilingual and bicultural (U.S. and Japan) senior business executive with a Fortune Global 500 company and an international lawyer with 30+ years’ experience. She was a partner of an international law firm prior to joining ITOCHU Corporation, a diversified industrials. With ITOCHU over the years, she has served as Global General Counsel, CEO of its North American operations as well as other senior executive positions.
She is a graduate of Smith College (B.A. cum laude) and Cornell Law School (J.D.), where she serves on the advisory board. She is also a classically trained singer who has studied voice at the Juilliard School of Music (Evening Division).