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Data Breach Response: Ten Tips on Managing Regulatory Inquiries
A letter arrives from the Privacy Commissioner. There are awkward questions. Well, settle in for the long haul. You are now at the start of an inquiry. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides ten…Read More
Key Points in the FSTB Consultation Paper to the new licensing regime for VASPs
The Financial Service and Treasury Bureau released a consultation paper on 3 November 2020, proposing amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Laws of Hong Kong)(“AMLO”) to introduce a licensing regime for virtual asset services providers (“VASP(s)”). River Stone, Pádraig Walsh…Read More
Legal update: SFC fines company secretary for insider dealing
According to a recent press release issued by the Securities and Futures Commission (the “SFC”) on 11 January 2021, Mr. Chow Chiu Chi, the company secretary of China Automation Group Limited (“China Automation”), a company listed on the Main Board of The Stock Exchange of…Read More
Legal update: Client facilitation in the execution of residual odd lots
The Hong Kong Securities and Futures Commission (the “SFC”) issued an FAQ on 18 December 2020 clarifying the applicability of the exemption from the requirement for licensed corporations (“LCs”) to obtain explicit client consent on a trade-by-trade basis prior to each client facilitation trade. As a…Read More
Key points in the SFC Consultation Paper to amend the SFC AML Codes
The Hong Kong Securities and Futures Commission (“SFC”) released a consultation paper on 18 September 2020, proposing amendments to (1) the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) and (2) the Prevention of Money Laundering and Terrorist Financing Guideline issued by…Read More
Key Points in the SFC Consultation Paper on Proposed Amendments to the REIT Code
The Hong Kong Securities and Futures Commission (“SFC”) released a consultation paper on 9 June 2020, proposing amendments to the Hong Kong Code on Real Estate Investment Trusts (“REIT Code”), to invite market participants and interested parties to comment on the proposed amendments. Pádraig Walsh…Read More
Key project team members for a Security Token Offering
Security token offerings (“STO”) are a next-generation financing model that combine the benefits of blockchain technology with traditional fund raising. As with any fundraising exercise, conducting an STO can be stressful. The stress is increased as the novelty of STOs makes the process more opaque. …Read More
Section 183 notice: your right to silence may be put on hold when the SFC calls
Right to silence is a fundamental legal right that has been recognized in Hong Kong as well as in many of the world’s legal systems. However, such a right of an individual is not guaranteed in all circumstances and it has often become a trap…Read More
PE Firms and Family Offices on the SFC Radar: An Update on SFC Licensing in Hong Kong
The Securities and Futures Commission in Hong Kong (SFC) actively engaged with the private equity sector in 2019. The purpose was to highlight securities licensing requirements that affect private equity (PE) fund managers and family offices in Hong Kong. On 7 January 2020, the SFC…Read More
Legal update: SFC and CSRC signs Memorandum to Enhance Cooperation and Exchange of Information
The Securities and Futures Commission (“SFC”) has announced on 3 December 2018 that it has entered into a memorandum of understanding (“MoU”) with the China Securities Regulatory Commission (“CSRC”), regarding the cooperation and exchange of information in connection with the supervision and oversight of regulated…Read More
SFC reprimands and fines SFM HK Management Limited HK$1.5 million over illegal short selling
Case Background The Securities and Futures Commission announced on 6 December 2018 that it has reprimanded and fined SFM HK Management Limited (“SFM”) for HK$1.5 million for its naked short selling, contrary to section 170 of the Securities and Futures Ordinance (“SFO”). SFM is licensed…Read More
Legal update: The New Open-Ended Fund Company Regime in Hong Kong
Introduction On 30 July 2018, the new Open-Ended Fund Company (“OFC”) regime came into operation which introduced the OFC as a new form of corporate vehicle in Hong Kong. The legal framework of this new OFC regime consists of the three main pieces of legislation:…Read More
