- 130 - suggests that those foreign corporations (viz., Intercontinental, Traveluck, Double Wealth, Merit, Pempire, and Forward) could not have made direct loans to Radcliffe and BOT. Indeed, the record indicates that one such loan was made by Intercontinental to Radcliffe.96 With respect to Pioneer and its subsidiaries Multi-Credit and Mandalay, as petitioner admits on brief, Hong Kong corporate law prohibited them from making direct loans to Radcliffe. Sec. 157H(2), Companies Ordinance of Hong Kong. Petitioner also concedes on brief that Hong Kong corporate law prohibited those corporations from pledging collateral for loans to Radcliffe by the U.S. banks in question. Because either form of assistance to Radcliffe by Pioneer and its subsidiaries Multi-Credit and Man- dalay was prohibited by Hong Kong corporate law, petitioner cannot, and does not, argue that the transactions involving those corporations took the form that they did in order to comply with the requirements of Hong Kong corporate law.97 96 A financial statement of Radcliffe, dated Mar. 31, 1985, and signed by petitioner, indicated that Intercontinental had a loan outstanding in the amount of $1,625,000 to Radcliffe and that a loan from Bangkok Bank LA branch to Radcliffe, presumably BB Loan No. 2, was to be used to replace that loan from Intercontinental. 97 However, petitioner does contend on brief, relying in part on his testimony, (1) that he replaced a direct loan from Pioneer to Radcliffe with a loan from Union Bank (viz., the UB $1,300,000 loan) that was secured by a certificate of deposit in the name of Mandalay because he believed that that form created a less obvious conflict with Hong Kong corporate law and (2) that Pioneer and its subsidiaries Multi-Credit and Mandalay also (continued...)Page: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
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