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  • Article

    Crypto regulation in Hong Kong

    A recent circular set out the approach to regulating the distribution of crypto assets (or virtual assets) in Hong Kong.
    Hong KongTechnology
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    A Guide To Corporate Bankruptcy And Insolvency Law In Hong Kong

    In this article, we provide an overview of the corporate bankruptcy and insolvency regime in Hong Kong.
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Hong Kong: The Investment Fund Industry’s Gateway to China

    The QDII scheme enables PRC persons to invest in overseas financial products through QDII funds established by PRC banks and fund management companies. Limited in the types of investments which they can make, QDII funds may use SFC authorized funds to obtain global exposure.
    Hong KongWealth Management
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Communications From Collective Investment Schemes Authorized In Hong Kong: A Snapshot Of SFC Proposals

    Proposed changes will reduce regulatory burdens by dispensing with pre-vetting by the SFC of a wide range of notices and advertisements issued by collective investment schemes authorized by the SFC.
    Hong KongFinance and Banking
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    M&A in Hong Kong: Purchase and Sale Agreements

    Forms which an M&A transaction can take; structure of an APA or SPA; some issues to note in the negotiation & drafting process
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    DIPN 61: Guidance On The New Unified Funds Tax Exemption For OFCs And Limited Partnership Funds

    In June, 2020 the Inland Revenue Department ("IRD") issued Departmental Interpretation and Practice Note 61 ("DIPN 61") to provide guidance on its interpretation and application
    Hong KongFinance and Banking
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Responding to SFC Enforcement Action: New Tactics?

    A recent decision of the Hong Kong Court of Appeal has raised the issue of whether disciplinary proceedings against licensed and registered persons are civil or criminal in nature.
    Hong KongFinance and Banking
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Financial Services Acquisitions: A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

    Acquisitions of financial services firms are governed in Hong Kong by a patchwork of laws and regulations. Each sector of the industry has its own governing laws and regulators, each with different requirements.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Employment Law in Hong Kong

    The Employment Ordinance is the main piece of legislation governing conditions of employment in Hong Kong.
    Hong KongEmployment and HR
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Cyber fraud: Assessing options for asset recovery

    Common asset recovery options for victims of cyber fraud, when the funds were sent to Hong Kong.
    Hong KongCriminal Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    M&A in Hong Kong: Due Diligence

    Due diligence, representations and warranties play an important and inter-related role in mergers and acquisition.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Inside Information And The Market Misconduct Tribunal: A Guide To Defending SFC Enforcement Action

    The SFC has prioritized listed company malfeasance for enforcement action. As a result, listed companies and their directors will come under increasing scrutiny as to how they manage material non-public price sensitive information.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Challenging The SFC: What Every Compliance Officer Needs To Know

    Licensed and registered persons generally prefer to work with the SFC rather than against the SFC. Nevertheless, circumstances may arise where the SFC adopts a hostile posture or takes a position that is commercially undesirable. While it is the rare licensed or registered person who is unafraid to challenge the SFC, the past 4 years have demonstrated that where the SFC acts unreasonably, a remedy may be available through the SFAT. In this article, we review strategies for challenging the SFC th
    Hong KongFinance and Banking
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Setting Up In Hong Kong: A Guide To Applying For An SFC License

    Hedge fund managers, private equity sponsors and other asset managers as well as brokers, dealers, wealth managers and other providers of investment services and investment products are often keen...
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Handling SFC Interviews In SFC Enforcement Action

    During SFC enforcement action, it is common for the SFC to require persons to attend before it to answer questions.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Guide To SFC Enforcement Action: From SFC Investigation Notice To Disciplinary Action, Prosecution & Appeal

    The SFC Enforcement Division is responsible for addressing wrongdoing in the securities and futures markets in Hong Kong.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Disclosure Of Material Non-Public Price Sensitive Information (MNPI): A Guide For Hong Kong Listed Companies

    In 2013, Hong Kong introduced a statutory regime for the disclosure of material non-public price sensitive information ("MNPI") by Hong Kong Stock Exchange listed companies.
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    Top Questions And Answers In Applying For An SFC License

    This article answers some of the most common questions and addresses some of the most common concerns which firms applying
    Hong KongCorporate/Commercial Law
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    How To Start A Hedge Fund In Hong Kong: A Legal Guide

    For a fund manager wishing to establish and manage a hedge fund in Asia, Hong Kong has traditionally been a leading choice. It is the financial centre of the Greater China region.
    Hong KongFinance and Banking
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    How to immigrate to Canada: A guide for Hong Kong residents

    The Canadian Government offers a number of different pathways for Hong Kong residents to immigrate to Canada.
    Hong KongImmigration
    Timothy Loh LLP
    Timothy Loh LLP

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