Answered step by step
Verified Expert Solution
Link Copied!

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 2019. The company is in the business of property development. Lee is the only director and he holds 80% of the shares in the Company. Chan and Wong are also shareholders holding 10% 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 low-valued 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 2020 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 2021, 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 2022, the Company could no longer repay its debts to Mr. King and he now wants to petition to court for the winding-up of the Company.
Regarding the purchase of the low-valued 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 winding-up, 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 winding-up? What are the six grounds for compulsory winding-up?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Industrial Organizational Psychology An Applied Approach

Authors: Michael Aamodt

7th Edition

1111839972, 9781111839970

More Books

Students also viewed these Accounting questions