Anna Lin

Experience Highlights

Insolvency Proceedings

• Acted for a Singapore ListCo in the successful discharge of its provisional liquidators and the termination of provisional liquidation involving assets of more than RMB$2.2 billion.
• Acted for a Singapore ListCo in a contentious winding up of a BVI company involving approximately US$60 million in assets with favourable court order granted without the court calling for any oral submission from the legal representatives of the opposing shareholder and company.
• Acted for a Taiwanese ListCo in the successful winding up of various offshore debtor companies and was in charge of the negotiations with debtor companies of value of nearly US$40 million.
• Acted for a high net worth entrepreneur in a dispute with his business partners involving a contentious winding up application in the BVI, advising in all stages of the proceedings, including the lodging of an appeal to the UK Privy Council in relation to how the BVI Court should exercise its broad discretion.
• Acted for a Cayman ListCo to successfully set aside a statutory demand of approximately US$50 million and apply for an injunction preventing the filing of a winding up petition.
• Acted for a Bermuda ListCo in its insolvency proceedings in Bermuda and the BVI; advised the Chairman of the ListedCo on litigation strategy, including the potential for a scheme of arrangement, the group’s capability to restructure, internal controls, potential application to remove the JPLs and negotiations with its creditors of value of more than US$180 million.
• Acted for a Hong Kong ListCo in the termination of liquidation of its offshore subsidiary.
• Acted for a Cayman ListCo in its opposition to a highly contentious winding up application based on doubtful claim of debts obtaining favourable results for the clients.
• Acted for various companies in liquidation against former delinquent directors for potential asset recovery for approximately HK$1.3 billion.
• Acted for liquidators on claims against former executive directors on misfeasance, conspiracy of false accounting and breach of director’s duties for over HK$105 million.
• Acted for liquidators on claims against former auditors based on negligence and failure to identify and report the fraudulent conduct of directors.

Shareholder / Investors and Commercial Disputes

• Acted for a HK$108 million fund incorporated in the Cayman Islands and the joint voluntary liquidators in a dispute concerning the withholding of the fund’s assets by a related party concerning risk of dissipation, mismanagement and improper treatment of the fund’s assets.
• Acted for the joint liquidators of an insolvent fund in an application for court supervision to protect the fund’s assets, with the matter resolved swiftly in terms highly favourable to the clients.
• Acted for a high net worth entrepreneur in a shareholders’ dispute between co-founders of a substantial BVI business of approximately RMB1.7 billion operating in the PRC involved in the research and development of medical diagnostics products.
• Acted for the majority shareholder and the directors of a high-tech IT company in a shareholder dispute on breach of quasi-partnership and an application for winding up on the just and equitable grounds, successfully setting aside an injunction order and favourable costs order for the clients and enforced undertakings for damages against the opposing parties.
• Acted for the board of directors and majority shareholder of a Bermuda company in a shareholder dispute seeking the winding up of the company on the just and equitable ground and a buy-out under section 111 of the Bermuda Companies Act.
• Acted for the former shareholder of a Bermuda company producing mobile devices on a claim based on alleged wrongful exclusion from management, breach of a bilateral shareholder agreement and oppressive and prejudicial conduct under section 111 of the Bermuda Companies Act 1981.
• Acted for a minority shareholder of a Cayman company in a claim against the majority shareholder on breach of shareholders’ rights and misconduct of directors appointed by the majority shareholders with various significant high net worths funds as significant stakeholders.
• Acted for the majority shareholders of a Cayman company in the defence of a claim from the minority shareholders regarding alleged mismanagement and dissipation of the company’s assets of approximately RMB350 million.
• Advised a minority shareholder of a BVI company on shareholders’ rights and substitution as the petitioner in a winding up petition.
• Advised the board of directors of a Cayman company regarding the claim by a minority shareholder against the majority shareholder on mismanagement and prevention of access to the company’s financial information regarding its global operations across twenty jurisdictions.
• Acted for international financial institutions in an urgent worldwide injunction and freezing order applications for assets worths approximately US$10 million.

Voluntary Liquidation, Merger & Restructuring, Restoration and Corporate Advisory

• Advised over 200 companies/partnership/SPCs/funds/unit trusts on termination, liquidation or dissolution in Hong Kong, the BVI, the Cayman Islands and Bermuda.
• Advised various corporations on cross-border mergers between Cayman and BVI companies.
• Advised various shareholders and companies on reinstatement or restoration of offshore vehicles.
• Advised various directors of listed companies and substantial private companies on company law, fiduciary obligations and corporate governance related advisory issues, including validity of requisition, claims against directors for breach of fiduciary duty, deceit and conspiracy, derivative actions, conflict of interests.

Probate and Family Trust

• Advised and assisted high net-worth individuals and family trusts/foundations on probate and family trust matters.
• Advised and assisted family trusts/foundations on the management of estate and administration of trust issues.
• Advised companies on transmission of shares following the decease of shareholders.
• Advised in contentious trust related legal proceedings in the BVI and Hong Kong involving claims from shareholders and potential shareholders for shares under a purported trust created by the late chairman of the company.
• Advised clients on various trust related matters including whether there is a valid case of proprietary estoppel, the requirements are for the creation of a valid trust.
• Advised clients on probate application in the Cayman Islands and BVI.
• Acted for trustees for Beddoe applications relating to potential trust dispute.

Professional Background

• Associate, Lipman Karas, Hong Kong
• Trainee Solicitor, Clifford Chance, Hong Kong

Education

• London School of Economics, Master in Laws (Distinction) (British Chevening Postgraduate Scholarship)
• The University of Hong Kong, PCLL
• The College of Law, GDL (Distinction)
• The University of Hong Kong, BA (First) (Dean’s Honours List)

Bar Admissions

• Bermuda, Registered Associate, 2018
• Eastern Caribbean Supreme Court (British Virgin Islands), Solicitor, 2018
• England and Wales, Solicitor, 2017
• California, US, Attorney, 2016
• Hong Kong, Solicitor, 2011 (not currently practising)

Awards & Accolades

• Recognised as “Top 15 Offshore Litigator 2021” by Asian Legal Business Magazine
• Recognised in the 2021 edition of Legal 500 (Offshore Law)
• Recognised in the 2020 edition (and 2019) of Global Restructuring Review 100

Associations

• IWIRC (Singapore)
• INSOL
• STEP (Affiliate)

Languages

• Cantonese
• English
• Mandarin

Offshore Cases