Sat.Dec 01, 2018 - Fri.Dec 07, 2018

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Does Hong Kong Offer Appraisal Rights?

Appraisal Rights

Not really, and definitely not in the way Delaware does, at least according to this 2013 analysis. Hong Kong lacks a general appraisal remedy; instead, at least for public companies, the takeover must be evaluated by an independent advisor and those finding made available to shareholders. Considering Canadian and Cayman Islands appraisal rules, we see great diversity across appraisal regimes worldwide, even among jurisdictions that have a common legal-ancestor (English common law).

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What’s In a Name? Appraisal and De Facto Mergers

Appraisal Rights

Appraisal rights are creatures of statute, and as a result, for the most part, the conditions for appraisal are laid out by the legislature. Many statutes provide for appraisal rights in instances where there is a “merger” – what one might traditionally understand as an entity purchasing another entity, or purchasing all the stock of another entity.