Leveraging more than twenty years of experience serving clients in the financial sector, our firm has carved out a strong standing as a preferred organisation for high net and ultra high net worth individuals and family offices in search of tailored, sophisticated and pragmatic legal guidance.
We advise private clients including high net worth and ultra high net worth individuals and families as well as family offices on trusts, wealth management, estate planning, tax planning, asset protection, immigration as well as on the making of investments. Our work in this area leverages our market leading practices in financial services regulation, hedge funds and private equity.
WHAT WE CAN DO FOR YOU
Timothy Loh LLP is ready to help you navigate through the legal complexities with the following:
Family Offices
We can assist you by:
Guiding you through the legal process of setting up family offices
Advising on the application of or exemption from licensing requirements under the Securities and Futures Ordinance (“SFO”) including structuring family offices to minimize triggering licensing requirements
Advising on the Hong Kong profits tax regime under the Inland Revenue Ordinance ("IRO"), including tax concessions for family office investment holding vehicles and portfolio investments
Tax Planning
We have extensive experience advising on Hong Kong tax issues and can coordinate international tax advice with our network of tax advisers around the world.
We assist clients to minimize tax liabilities through tax plans that take into account the full range of potential tax liabilities under the Inland Revenue Ordinance ("IRO") and the Stamp Duty Ordinance ("SRO").
We advise on the tax concessions available to family offices as well on tax considerations in establishing family trusts and in the planning for the orderly transfer of wealth between generations. We guide clients through tax considerations when making investments or when structuring the holding of investments to ensure tax efficient distribution of gains and losses.
Trusts
We can guide you through:
Trust creation to protect your wealth and family assets from erosion through taxation, creditor action and proceedings taken by hostile spouses and other family members) and to ensure the orderly management and distribution of income and capital to current and future generations of the family
The selection of a trustee and the establishment of a captive private trust company to serve as the trustee of a family trust
The terms and conditions of the trust deed, related documentation including letters wishes, the appointment of a protector or investment manager and the reservation of powers to the settlor
The administration of family trusts including compliance with fiduciary duties and tax laws
Outside Investments
We will guide you on external investments into hedge funds, private equity funds or businesses directly and can advise on:
Term sheets, limited partnership agreements (“LPAs”), private placement memoranda (“PPMs”), subscription agreements and side letters
Investment agreements or shareholder agreements to facilitate stakes in general partners (“GPs”) or investment management groups
Co-investment arrangements
Strategies to minimize tax liabilities for investments into hedge funds and commitments to private equity
Terms and conditions for opening accounts with financial institutions, whether for trading, custody or the provision of bespoke segregated account asset management services
Insider trading and market manipulation laws as well as other laws in respect of trading strategies
Disclosure of interests obligations
Immigration Schemes
We advise on immigation schemes, including, for Hong Kong, the Capital Investment Entrant Scheme ("CIES"). We can advise you on eligibility requirements for such schemes and provide guidance on the terms and conditions for participation.
In respect of the CEIS, we can advise on terms and conditions of investment and custody with your chosen financial services provider.
grounded regulatory
COMPLIANCE
Regulatory Advice
We can assist you by:
Guiding you through the legal process of setting up family offices including
Advising on the application of licensing requirements, applying for SFC licenses from the Securities and Futures Commission (“SFC”) under the Securities and Futures Ordinance (“SFO”) and structuring family offices to minimize triggering SFC licensing requirements
Advising on insider trading and market manipulation laws as well as other laws in respect of trading strategies
Advising on disclosure of interests obligations
creative financial
SOLUTIONS
Trusts
We can guide you through:
Trust creation to protect your wealth and family assets from erosion through taxation or creditor action (including hostile spouses and other family members) and to ensure the orderly management and distribution of income and capital to current and future generations of the family
The selection of a trustee, the terms and conditions of the trust deed and related documentation including letters wishes and the establishment of a captive private trust company to serve as the trustee of a family trust
The administration of family trusts including compliance with fiduciary duties and tax laws
Family Offices
We can advise on the following:
Inventive strategies that help you unlock capital from your businesses including by the sale of your business, the sale of an interest in your business borrowing and lending arrangements (to be secured by clients’ businesses and their assets) to provide personal liquidity or liquidity for their businesses
Employment of investment professionals and other staff, including employment agreements, confidentiality, non-disclosure and restrictive covenants and termination of employment
Tax strategies to minimize tax liabilities including the applicability of the family investment holding vehicle concession
outside
INVESTMENTS
Due Diligence
We will guide you on external investments into hedge funds, private equity or businesses and can advise on:
Term sheets, limited partnership agreements (“LPAs”), private placement memoranda (“PPMs”), and subscription agreements
Side letters
Investment agreements or shareholder agreements to facilitate stakes in general partners (“GPs”) or investment management groups
Co-investment arrangements
Strategies to minimize tax liabilities for investments into hedge funds and commitments to private equity
We can advise on terms and conditions for opening accounts with financial institutions for trading and custody and the provision of bespoke segregated account asset management services
Let us arrange an appointment with our award-winning lawyers for your case
Contact UsHOW WE OPERATE
Our pursuit of excellence anchors the firm's sophisticated approach.
We blend professionalism with dedication, enabling us to provide exceptional legal services.
Our practices are encapsulated within these domains:
Capital Preservation
Capital Preservation
With a client-first approach, we are committed to safeguarding your wealth and assets. Whether through tailored trust setup, family holding company structures or otherwise, we offer tools to provide robust protection against taxation or potential creditor actions.
Family Offices
Family Offices
We prioritize your needs by guiding you in setting up family offices, navigating regulatory complexities such as SFC licensing and providing strategic options to structure family offices to minimise the possibility of triggering SFC licensing requirements.
Liquidity
Liquidity
We advise on arrangements to unlock your business capital, advising on the sale of interests in your businesses, as well as borrowing and lending arrangements secured by interests or assets in your businesses. With a blend of strategic insight and commitment to clear communication, we provide liquidity solutions tailored to your personal or business needs.
Investments
Investments
Whether you are investing in hedge funds, private equity or directly in businesses, we guide you through due diligence, deal structuring, and deal documentation. We review LPAs, PPMs, term sheets and prepare side letters and investment agreements for stakes in GPs or investment management groups. We simplify the process of opening accounts, including discretionary asset management accounts with private banks and wealth managers. We provide a seamless and efficient account setup.
Tax Planning
Tax Planning
We provide tax planning advice in respect of tax optimal investment structures and the minimization of tax liabilities on the passing of assets from one generation to another.
In Private Clients & Family Offices, our practice has been recognised by:
“Elite Practitioner”
“Highly Regarded Lawyer”
“Recommended Practice”
“Leading Lawyer”