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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Hong Kong: The evolving role of independent non-executive directors - May 2014

 In a recent speech given by Mr. Carlson Tong, Chairman of the Securities and Futures Commission, Mr. Tong pointed out that companies can improve corporate governance by attaching higher importance to the role of their board of directors as an internal gatekeeper. Mr. Tong said that this can be done more easily by having effective independent non-executive directors (INEDs) on the board.

Competition law developments in East Asia - May 2014

January 2015 - EU & Competition. Legal Developments by Norton Rose Fulbright.

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Hong Kong prepares for enforcement

Authorities in Hong Kong have taken further steps in their deliberate approach to enforcing the Competition Ordinance. A little over a year after it was appointed, the Competition Commission released a report in which it provides a brief introduction to the Ordinance as well as a roadmap leading to its full entry into force. The report also explains how the Commission will prioritise its enforcement activities, and identifies the guidelines, policies and compliance tools which it plans to release before the Ordinance is enforced. Currently only some of the institutional provisions of the Ordinance are effective, allowing the Commission and the Competition Tribunal to prepare for enforcement.

The Hong Kong Competition Ordinance - September 2014

January 2015 - EU & Competition. Legal Developments by Norton Rose Fulbright.

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The Hong Kong Competition Ordinance was enacted by the Legislative Council in June 2012. You can download our briefing here.

The Ordinance introduces a cross-sector competition law regime in Hong Kong. The main features of the Ordinance are as follows:

Hong Kong court judgment highlights pitfalls of virtual closings - October 2014

January 2015 - Finance. Legal Developments by Norton Rose Fulbright.

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A recent Hong Kong case reminded us of the importance of getting things right when executing documents in virtual closings, particularly in relation to deeds.

In the case of Penta Investment Advisers Ltd v Allied Weli Development Ltd (formerly known as Hennabun Capital Group Ltd) - [2014] HKCU 2365, the Hong Kong Court of First Instance had to determine whether a guarantee (the Guarantee) was properly executed by or on behalf of the guarantor and thus binding on it. Even though the Guarantee was upheld, the case highlights some of the arguments that can be raised which may delay an otherwise simple claim for the payment of money.

Hong Kong Enacts Competition Law

July 2012 - EU & Competition. Legal Developments by Hogan Lovells.

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After years of debate, on 14 June 2012 and in its last days of office, the Legislative Council finally enacted Hong Kong’s first cross- sector competition law.

The Hong Kong Personal Data (Privacy) Ordinance Has Been Amended: Are Your Data Protection Practices

The Personal Data (Privacy) Amendment Ordinance (the "Amendment Ordinance") was passed on 27 June 2012.

MOFCOM Gets Serious About Unreported M&A Transactions

February 2012 - Corporate & Commercial. Legal Developments by Hogan Lovells.

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The Ministry of Commerce of the People's Republic of China (“MOFCOM”) passed the Provisional Measures on the Investigation and Handling of Concentrations between Business Operators which were Not Notified in accordance with the Law (the “Provisional Measures”) on 30 December 2011, and uploaded them on its website on 5 January 2012.

China VIE structure for foreign investment under attack from multiple directions

February 2012 - Finance. Legal Developments by Hogan Lovells.

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will it emerge (relatively) unscathed or is its very survival threatened?

Historically the VIE structure and its predecessors essentially came about as a "workaround" to allow indirect non-equity based "investment" in industries in China in which foreign investment was restricted or prohibited, e.g., telecommunications services and media.  

LIABILITY FOR DIRECTORS OF LISTED COMPANIES – NOT JUST FOR FRAUD

Article by Timothy Loh and Sherry Xiao

Recent enforcement action by the Securities and Futures Commission (“SFC”) has opened the way for serious sanctions against directors of companies listed on the Stock Exchange of Hong Kong (“SEHK”) who fail to discharge their duties as directors properly. 

A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

March 2009 - Finance. Legal Developments by Timothy Loh, Solicitors .

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The meltdown in global financial markets has triggered a consolidation of the financial services industry as securities firms, asset managers, insurers and banks alike spin-off assets and restructure their operations to shore up capital. These transactions are often global in nature, involving substantial Hong Kong operations. In this article, we review the basic Hong Kong legal and regulatory framework for these transactions and present some lessons learned.

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