Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Coco Limited ( the Company ) is a private company registered under the Companies Ordinance of Hong Kong. It was incorporated in 2 0 1
Coco Limited the Company is a private company registered under the Companies Ordinance of Hong Kong. It was incorporated in The company is in the business of property development. Lee is the only director and he holds of the shares in the Company. Chan and Wong are also shareholders holding shareholdings each but they are not directors of the Company. Chan wanted to dictate the running of the Company so that he can pass the business to his son in the future. Therefore, he did not allow Chan and Wong from receiving any information about the Company. Lee used the money of the Company to purchase a lot of lowvalued land in the New Territories without notifying the other shareholders. When Chan and Wong objected to the land purchase, Lee ignored them and said they did not have the right to interfere with the operation of the business. In order to expand the business, the Company borrowed quite a lot of money. One of the debts was secured by a floating charge over the Companys entire assets in September and the creditor is Mr King. The charge has a negative pledge clause. Later, Mr King discovered that his floating charge was not registered in the Companies Registry. In March the Company further borrowed money from Ace Bank and created a fixed charge over a piece of land in the New Territories which was duly registered. In July the Company could no longer repay its debts to Mr King and he now wants to petition to court for the windingup of the Company.
Regarding the purchase of the lowvalued land in the New Territories and Lees view that Chan and Wong could not interfere with the operation of the business, can Chan and Wong seek any remedies from the court?
In the event of windingup whether Mr Kings floating charge or Ace Banks fixed charge will prevail in a situation like this?
Can Mr King petition to court for the Companys windingup What are the six grounds for compulsory windingup
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started