UM E-Theses Collection (澳門大學電子學位論文庫)


PFLL(International Law) 000 (SAMPLE) Cooperation and procedural centralization in insolvency cases for multi-jurisdictional enterprise groups : a proposal for Mainland China and Hong Kong SAR

English Abstract

This thesis aims to explore the possibility of establishing a cooperative mechanism and framework in cross-border insolvency cases for Multi-jurisdictional Enterprise Groups (MEGs) between Mainland China and Hong Kong SAR. Most MEGs, which are linked by significant ownership and control, are essentially operated in a similar way with that of single legal entities, and are, based on the enterprise theory, indeed treated as a single entity under some circumstances. However, although a series of well-established mechanisms for international recognition and cooperation in cross-border insolvency cases for single entities are already in place, not all of them are applicable in the insolvency cases for MEGs. Innovations are taking place globally to fill in this gap. While the rapid reforms and development of cross-border insolvency law relating to enterprise groups imply diversity and uncertainty, a common consensus is that the general obligation to communicate and cooperate in cross-border insolvency cases for single entities should, and could be extended in the context of MEGs, and that the centralized administration of insolvency cases for multiple members of a MEG in the place where the controlling head of the MEG is located could enhance the efficiency and success of a group solution. Suggestions for Mainland and Hong Kong are proposed based on a combined analysis of the latest innovations and globally accepted best practices, as well as the internal rules in the two jurisdictions concerning both cross-border insolvency and reflection of enterprise theory in the field of insolvency law. Key Words: Mainland China, Hong Kong SAR, Cross-border Insolvency, Multi-jurisdictional Enterprise Groups, International Cooperation, Procedural Centralization, Centre of Main Interests

Issue date



Li, Xiao Lin


Faculty of Law





1/F Zone C
Library URL