Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Corporate procedure for capital alteration
  • 9 Mar 2005

    RE JOYCE BOUTIQUE LTD

    Citation
    RE JOYCE BOUTIQUE LTD
    Court
    Court of First Instance
    Case number
    HCMP248/2005

    The court confirmed the reduction because (1) the affected non‑voting deferred shareholders had given informed consent satisfying equitable treatment; (2) the scheme and its effects were properly explained; (3) creditors were adequately safeguarded by JBHL’s written agreement to postpone its claims and by the restriction on the bank fixed deposit which exceeded the aggregate liabilities to other creditors and provisions; and (4) the reduction had a discernible purpose—elimination of accumulated losses to permit future dividends. The court therefore approved and ordered the reduction under the…