Article written by Barri Mendelsohn, Jenny Wilcock, Cassandra Ditzel and Daniel Jones

Neocleous & Anor v Rees [2019] EWHC 2462 (Ch)

A cautionary tale of negotiating terms for the sale of land by email unfolded in the Manchester County Court (“MCC”) in September 2019.  The key question being whether an automatically generated email footer was capable of constituting a valid signature on a document for the purposes of the Law of Property (Miscellaneous Provisions) Act 1989 (“LPMPA”) in a transfer of land.  Section 2 of the LPMPA sets out the requirements that a contract must:
Continue Reading Choose your words wisely when you have an Automatic Email Signature

Written by Lequn Su (Joe) Rosanna Munoz-Britton

 With COVID-19 causing ever increasing financial uncertainty around the globe, we thought it an apt time to provide you with a summary of the various corporate insolvency procedures in the UK applicable to companies facing financial difficulties. Taking each in turn, we will discuss administration, administrative receivership, company voluntary arrangements, schemes of arrangement and liquidation. We will also touch briefly on directors’ duties, rules relating to asset distribution on insolvency and transactions that may be set aside on insolvency or ‘reviewable’ transactions.
Continue Reading Insolvency & Insolvency Procedures in the UK – Revisit

Wriitten by  Lequn Su (Joe)  Rosanna Munoz-Britton

Summary: 

In the recent case of Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch), the English High Court was asked to consider whether a lender was bound by a duty of faith when exercising discretions under a loan agreement.Continue Reading Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)

By  Eli Han, Mathew Dickerson and Yi He

INTRODUCTION

简介

The COVID-19 outbreak in the United States has wreaked havoc in the U.S. economy.  In response, the U.S. government has taken massive actions to stabilize and stimulate the economy.  The U.S. Federal Reserve has delivered a series of extraordinary measures to support the U.S. economy during the escalating COVID-19 pandemic, pledging to buy an unlimited amount of bonds and setting up a series of programs to ensure credit continues to flow to U.S. companies.

新冠病毒的爆发对美国经济已经造成了严重的损害，作为回应，美国政府采取了一系列大规模行动来稳定和刺激经济。美联储已采取了一系列前所未有的措施，以期在不断升级的疫情期间支持美国经济，包括无限量化宽松计划以及设立众多信贷项目以确保资金流动性。
Continue Reading Client Alert | Extensive New Measures by the U.S. Federal Reserve to Stimulate the Economy

By Wu Ye, Kuang Jingting and Tan Lanwei

Why Amend

The Foreign Investment Law of the People’s Republic of China (the “Foreign Investment Law”) that issued last year came into effect on  January 1, 2020 together with the supporting Regulations for the Implementation of the Foreign Investment Law of the People’s Republic of China (the “Implementation Regulations”). Upon its taking effect, the Foreign Investment Law repealed the three fundamental laws which previously regulated foreign-invested enterprises (“FIEs”) in China – the Law of the People’s Republic of China on Sino-foreign Equity Joint Ventures (the “Equity Joint Ventures Law”), the Law of the People’s Republic of China on Sino-foreign Contractual Joint Ventures (the “Contractual Joint Ventures Law”) and the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises (collectively referred to as the “Three Laws governing FIEs”), together with their corresponding implementation regulations and detailed implementation rules, were repealed thereafter.  As a result, the relevant provisions on corporate governance and control in the Three Laws governing FIEs no longer apply.
Continue Reading Why not Use the Time of Telework to Amend the AOA of FIEs?