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Hong Kong insolvency law regulates the position of companies which are in financial distress and are unable to pay or provide for all of their debts or other obligations, and matters ancillary to and arising from financial distress. The law in this area is now primarily governed by the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)〔(【引用サイトリンク】title=Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) )〕 and the Companies (Winding Up) Rules (Cap 32H).〔(【引用サイトリンク】title=Companies (Winding Up) Rules (Cap 32H) )〕 Prior to 2012 Cap 32 was called the Companies Ordinance, but when the Companies Ordinance (Cap 622) came into force in 2014,〔(【引用サイトリンク】title=Companies Ordinance (Cap 622) )〕 most of the provisions of Cap 32 were repealed except for the provisions relating to insolvency, which were retained and the statute was renamed to reflect its new principal focus.〔(【引用サイトリンク】title=Improvement of Corporate Insolvency Law Legislative Proposals, Consultation Document )〕 Under Hong Kong law, the term insolvency is usually used with reference to companies, and bankruptcy is used in relation to individuals. Personal bankruptcy is regulated by the Bankruptcy Act (Cap 6).〔(【引用サイトリンク】title=Bankruptcy Act (Cap 6) )〕 The objectives underpinning Hong Kong insolvency law have been described as follows:〔 ==Winding up== A company may go into winding up either voluntarily or by order of the court.〔Companies (Winding Up and Miscellaneous Provisions) Ordinance, s.169(1).〕 A company enters voluntary winding up by passing a special resolution to appoint a liquidator. If the company is solvent when it enters voluntary winding up it is said to be in ''members' voluntary winding up'', and if it is insolvent it is said to be in ''creditors' voluntary winding up''. A company may be wound up by the courts on several grounds. These are:〔Companies (Winding Up and Miscellaneous Provisions) Ordinance, s.177(1).〕 # the company has by special resolution resolved that the company be wound up by the court; # the company does not commence its business within a year from its incorporation, or suspends its business for a whole year; # the company has no members; # the company is unable to pay its debts; # the event, if any, occurs on the occurrence of which the articles provide that the company is to be dissolved; # the court is of opinion that it is just and equitable that the company should be wound up. In practice the most important grounds tend to be insolvency (the fourth ground) and just and equitable winding up (the sixth ground). Just and equitable winding up is usually unrelated to the solvency of the company. A petition to the court for the winding up of a company may be presented by the company itself, or by any creditor or creditors (including any contingent or prospective creditor or creditors), contributory or contributories or the trustee in bankruptcy or the personal representative of a contributory.〔Companies (Winding Up and Miscellaneous Provisions) Ordinance, s.179(1).〕 For these purposes a contributory broadly means a shareholder or other type of member of the company. Liquidation is a class right, and so the court will not normally make an order upon the application of a creditor if it is opposed by a majority of creditors.〔''Re ABC Coupler Engineering'' () 1 WLR 243〕 However the court may give lower weight to creditors who are connected to the company as either directors or shareholders when considering what is in the best interests of the creditors as a whole. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hong Kong insolvency law」の詳細全文を読む スポンサード リンク
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