Main Areas of Legal Practice
● Civil Litigation
● Corporate & Personal Insolvency
● Receivership
● Family Law & Matrimonial Causes
● Intellectual Property Registration & Litigation
● Insurance and Personal Injury Litigation
● Aviation Law and Practice (Licence Application & Hearing, Commercial Work)
● Construction Law (Commercial work, Litigation & Arbitration)
● Corporate Finance
● Corporate Acquisitions & Mergers
● General Commercial Law and Practice
● Banking & Finance
● Conveyancing
● Employment Law and Disputes
● Probate Practice (contentious & non-contentious)
● Arbitration and Mediation
● Estate and Tax Planning
● Trust Formation and Administration
● Sports and Entertainment Law
[A] LITIGATION AND INTERNATIONAL ARBITRATION
We possess a broad range of experience and expertise in civil litigation and international arbitration, such as :
● complex commercial disputes in contract and mercantile law
● shareholder, director and partner disputes
● insurance claims and employee compensation cases
● personal injuries and torts
● construction litigation and arbitration
● defamation
● mortgagee actions and receivership
● banking litigation
● bankruptcy & corporate liquidation
● asset tracing and recovery in insolvency
● acting for the Official Receiver’s Office of the Hong Kong S.A.R., Liquidators and Trustees-in-Bankruptcy in insolvency cases
● international and domestic arbitration and mediation
● copyright, trade mark, registered design and patent disputes
● real estate, landlord and tenant disputes
● advising on compensation in land resumptions
● contentious probate actions and law of succession
[B] CORPORATE FINANCE & COMMERCIAL LAW
We provide professional advice and legal services regarding Initial Public Offerings on both the Main Board and Growth Enterprise Market (GEM) in Hong Kong and on both the Main Board and AIM market in London, including spin-offs, for Issuers, Sponsors and Underwriters such as :
● advising and acting for Sponsors, Underwriters and companies to be listed
● advising on pre-listing reorganization of the proposed listed group and business structures
● reviewing all the connected transactions and drafting waiver application
● conducting due diligence
● verification of prospectus
● advising on compliance, approval and disclosure for listing
● applying for waivers and exemptions for compliance of the Listing Rules
● liaising with the Stock Exchange of Hong Kong and other relevant regulatory bodies such as SFC, etc.
● advising on ways to overcome listing obstacles
● drafting prospectus
● drafting all essential agreements and documents including but not limited to :
○ Reorganization Agreement
○ Tax and other Indemnities
○ Share Option Schemes
○ Pre-IPO Share Option Schemes
○ Non-competition Deeds
○ Underwriting Agreements
○ Placing Agreements
○ Agreement amongst Underwriters
○ Placing Letters
○ Sub-underwriting Agreements
○ Convertible Bonds
○ Warrant Instruments
○ Stock Borrowing Agreements
○ Escrow Agreements
○ Price Determination Agreements
○ Patent/Trademark Licence Agreements and other tailor-made agreements
● attending to post-listing compliance requirements
And . . .
● We review legal opinions in foreign jurisdictions such as Bermuda, Cayman Islands, British Virgin Islands, the People’s Republic of China (PRC), United Kingdom, Germany, Italy, France, United Arab Emirates, Australia, South Korea, Singapore, Malaysia and USA on title of properties, compliance of business operations and asset holding in foreign jurisdictions, validity and enforceability of agreements, continued existence of foreign companies, litigation and solvency status.
● We help source foreign and PRC lawyers, overseas registered agents, resident representatives, principal registrar, branch registrar and negotiating terms of appointment for the Issuer, approving the Registrar Agreement, CCASS Admission Agreement and relevant documents.
● We advise on Listing Rules requirements and assist issuers in drafting agreements, announcements and circulars for connected major transactions, very substantial acquisitions and other notifiable transactions and liaise with the Stock Exchange for clearance.
And More . . .
Our partners, consultants and solicitors also have solid experience in :
● Cross-border Mergers and Acquisitions
● Takeovers and Reverse Takeovers
● Fund establishment
● Securities Law
● General Corporation and Commercial Law
● General Banking Law and Practice
● Project Finance
● Trade Finance
● Direct Investments in Mainland China
[C] AVIATION LAW & PRACTICE
Given the knowledge and experience of our Senior Partner in the aviation field, we provide professional legal advice and services in, but not limited to, the following areas:
● Application to and hearing at the Air Transport Licensing authority (“ATLA”) for scheduled flight route licensing, and the related regulations and requirements
● Application to Civil Aviation Department (“CAD”) for Air Operator’s Licence (“AOC”), and the related regulations and requirements
● Sale and Purchase of Aircraft
● Aircraft Leasing
● Aircraft Financing, Registration, Security and Enforcement
● Aircraft Accident Investigations
● Aviation Offences
● Aviation related Claims and Court Proceedings
[D] FAMILY LAW & MATRIMONIAL CAUSES
We handle family disputes and matrimonial works including but not limited to :
● Divorce Petitions and Applications
● Nullity Applications
● Ancillary Relief and Maintenance claims
● Domestic Violence
● Mareva Injunction applications
● Avoidance of Disposition and Preservation of Assets
● Injunction applications
● Custody disputes
● Adoption of children
[E] TRUST, ESTATE PLANNING & PROBATE
We have well established connections with Switzerland to advise on Swiss banking law and practice and trust formation with the object of reducing, minimizing and even avoiding estate duty totally. Our professional services include, but are not limited to :-
● advising clients with high personal net worth on trust formation and administration in tax havens
● methods of minimizing payment of ancillary relief in divorce cases
● assisting clients in opening numbered bank accounts in Switzerland
● will drafting
● administration of trusts and estates
● advising on law of intestacy
● estate duty disputes
● letters of administration and probate applications (both contentious and non-contentious)
[F] INTELLECTUAL PROPERTIES
We assist well-known corporations and international brand names in protecting their intellectual property rights, including:
● Trademark and patent registrations and oppositions
● Enforcement proceedings against infringements and passing-off
● Intellectual property licensing and assignments
● Domain name registrations and complaint proceedings
JURISDICTIONAL DIVISIONS
[A] CHINA PRACTICE DIVISION
We are in association with MARTIN HU & PARTNERS (胡光律師事務所), which is a Chinese law firm in Shanghai, People’s Republic of China, which focuses on advising international companies doing business in China. Since 1999, the firm’s attorneys have been retained by many well-known multinational companies to serve as counsel in major multi-billion dollar projects from planning to closing stage. Many of the attorneys were educated and are licensed to practise in both China and other major jurisdictions, including the United States of America. The firm’s scope of practice ranges from corporate and commercial matters, mergers and acquisitions, restructuring, employment and labour issues, intellectual property and technology protection, education collaboration, real estate, IPO and securities, tax, to litigation and arbitration. Martin Hu & Partners is able to integrate the strengths of international law firms with local legal practitioners in maintaining international professional standards in the Chinese local markets while equipped with the knowledge, experience and expertise in handling industry-specific issues as well as complex cross-border transactions involving China.
We are also in close connections with prominent law firms of Mainland China. Our China Practice Division instructs PRC lawyers frequently to advise on the laws of the People's Republic of China ("PRC"). With the support of PRC lawyers in Beijing (北京), Shanghai (上海), Chengdu (成都), Shenzhen (深圳) and Guangzhou (廣州), our China Practice Division is providing the following comprehensive legal services in relation to or in connection with the PRC:
● Corporate finance, project finance, structured finance and aircraft finance
● Sale and purchase and leasing of aircraft
● Securities offerings and transactions
● Mergers and acquisitions
● Corporate restructuring and reorganization, liquidation and bankruptcy
● Litigation and arbitration
● International trade and mercantile law
● High technology and venture capital investments
● Intellectual property registration and protection
● Foreign direct investments, joint ventures and share transfers
● Real estate development
● Tax advice and planning
● General legal advice and consultation
[B] U.K. PRACTICE DIVISION
Our firm is in association with DAC BEACHCROFT LLP, a reputable City based law firm in London, with additional offices in St. Albans and Manchester in the United Kingdom, Madrid in Spain and Mexico City in Mexico, to assist us in advising on English law and provide legal services in connection with the United Kingdom. Our U.K. Practice Division provides specialised legal advice and services to commercial and private clients internationally. Davies Arnold Cooper has more than 220 fee earners.
Our U.K. Practice Division provides the following areas of legal services in English law:
● Aviation Practice – Sale and Purchase of Aircraft, Aircraft Finance and Leasing, Regulatory and Compliance Advice
● Corporate Finance
● IPOs, Mergers and Acquisitions
● Company & Commercial
● Dispute Resolution – Litigation and Arbitration Insurance
● Employment
● Franchising and Licensing
● Personal Injury and Torts
● Property Development and Conveyancing
● Real Estate Investment Trusts (REITs)
● Law of Succession
● Tax, Trust and Probate Practice
● Overseas Investments
● Advice on EU Legislation
[C] FRENCH AND EUROPEAN PRACTICE DIVISION
As a result of our firm’s association with Thomas, Mayer & Associés, we are in the position to advise French and Continental European entrepreneurs, companies and businesses trading with and investing in Hong Kong, Mainland China and the Asia Pacific region, and vice versa for our local, Mainland Chinese and Asian clients investing and doing business in France and Continental Europe.
Our French and European Practice Division provides the following
areas of legal services:
● French and EC Business Law
● Mergers and Acquisitions
● Joint Ventures
● Company and Commercial Law
● Tax Law
● Arbitration
● Private International Law
● Immigration Law
[D] GERMAN AND ITALIAN LAW PRACTICE DIVISION
With effect from the 23rd July 2008, our firm is in association with GIEBELMANN & SALVONI, a German and Italian law firm with offices in Munich, Berlin, Brescia, Milan and Rome. Through their senior partners, Dr. Angela Giebelmann in Italy and Dr. Heinz Giebelmann in Germany, together with all their lawyers, we can provide legal advice to international corporations and groups on cross-border issues, mergers and acquisitions, international contracts, litigation and arbitration proceedings, law of insolvency, commercial and business law, intellectual property registration and enforcement.