Shaun Folpp

Managing Partner, Hong Kong

Overview

He also has considerable experience advising on corporate governance matters, including in relation to the duties owed by directors and general partners, in addition advising more generally on the proper operation of investment funds and other offshore structures. Prior to relocating to Hong Kong in 2015, Shaun spent nine years practising in the Cayman Islands and in the British Virgin Islands and is one of only a few offshore practitioners in Hong Kong to have spent significant time living and working in each jurisdiction, and regularly appearing before their courts.

Shaun has been named a ‘leading lawyer’ in IFLR for six consecutive years and is ranked in all the major legal directories including Chambers & Partners, Legal 500 and Who’s Who Legal, and is regularly retained to provide expert evidence in proceedings before foreign courts and tribunals.

Shaun currently a member of the executive committee of the Restructuring and Insolvency Faculty, Hong Kong Institute of CPAs.

Expertise

  • Shareholder Disputes
  • Contractual Disputes
  • Distressed Funds
  • Claims against Auditors, Investment Managers and Advisors
  • Fraud and White Collar Crime
  • Claims Against Directors
  • Trust Litigation
  • Banking Litigation
  • Injunctions and Other Stand Alone/ Ancillary Relief
  • Disputes Concerning TIEAs and Notices to Produce
  • Appointment and Removal of Liquidators and Receivers
  • Asset Tracing
  • Preference and Other Avoidance Actions
  • Schemes of Arrangement and Re-Organisations
  • Enforcement of Security
  • Advising Liquidators and Receivers Generally
  • Advising Creditors and Other Stakeholders Generally
  • Cross Border Reorganisations and Parallel Proceedings

Work Highlights

  • Acting for the liquidators of Weavering Macro Fixed Income Fund, including in respect of the landmark proceedings brought against the company’s directors for breach of duty and proceedings against investors for the recovery of redemption payments made shortly before the company’s collapse
  • Acting for the independent directors and sole limited partner in respect of the multi-billion dollar dispute concerning the XiO Group
  • Acting in numerous appraisal actions brought pursuant to s.238 of the Companies Act following take-private transactions, including Qunar Cayman Islands, Zhaopin, KongZhong, Nord Anglia Education, and 58.com
  • Acting for the liquidators of the multi-billion dollar Kingate Funds, the funds being the second largest investors into Bernard L Madoff Investment Securities LLC
  • Acting on the privatisation of Nirvana Asia, being the first ever take private transaction from the Hong Kong Stock Exchange completed by a private equity firm

Qualifications and Admissions

  • Registered Foreign Lawyer, Hong Kong (2015)
  • Admitted in the British Virgin Islands (2012)
  • Admitted in the Cayman Islands (2008)
  • Admitted in England and Wales (2007, currently non-practising)
  • Admitted in New South Wales and Queensland, Australia (2003, currently non-practising)

Prior Career History

  • Mourant, Hong Kong and BVI
  • Ogier, Cayman Islands
  • Court of Appeal, London
  • Tucker & Cowen, Brisbane

Professional Associations

  • The American Bankruptcy Institute
  • INSOL International
  • Recovery and Insolvency Specialists Association in the Cayman Islands and BVI
  • Restructuring and Insolvency Faculty, Hong Kong Institute of CPAs.