Grounded Ingenuity | Refined Results

Leveraging more than twenty years of experience serving clients in the financial sector, our firm has carved out a strong standing as the preferred organisation for businesses in search of tailored and inventive legal guidance.

We advise broker-dealers active in the Hong Kong securities and futures markets.

Our clients have included traditional voice brokers, online brokers as well as institutional direct market access (“DMA”) platform operators and other brokerage firms. These include retail brokers, as well as institutional brokers.

WHAT WE CAN DO FOR YOU

Armed with deep insights into our client's industries, Timothy Loh LLP is ready to navigate you through the legal complexities with the following:

SFC Licensing

It is essential to comprehend and abide by complex regulations. As part of our Financial Services Regulatory practice, we can guide you through licensing by the Securities and Futures Commission (“SFC”).
We can advise on the following:
  • Whether an SFC license is required

  • Type of SFC license is required

  • How to meet SFC license requirements

SFC Inspections & Audits

For SFC inspections and audits, we can help you with the following:
  • Preparing for an SFC inspection

  • Responding to SFC enquiries

  • Requests for information and documents

Ongoing SFC Compliance

We can assist you with ongoing SFC regulatory compliance, in respect of:
  • Regulatory capital requirements

  • Conduct of business requirements under the Securities and Futures Ordinance (“SFO”), including short selling, insider dealing, market manipulation, disclosure of interests, position reporting and the offer of investment products, the SFC Code of Conduct and other guidelines issued by the SFC

Regulatory Compliance with HKEX

Leveraging our integrity and commitment to clear communication, when in compliance with Hong Kong Exchanges and Clearing (“HKEx”) regulatory requirements.
We can help you to navigate the following:
  • Trading Rules of the Stock Exchange of Hong Kong (“SEHK”)

  • Rules of the Central Clearing and Settlement System (“CCASS”)

  • Rules of the SEHK Options Clearing House (“SEOCH”)

  • Trading Rules of the Hong Kong Futures Exchange (“HKFE”)

  • Clearing Rules of the Hong Kong Futures Clearing Corporation (“HKCC”)

  • Applications for Exchange Participantship (“EP”) or to become a General Clearing Participant (“GCP”) or a Direct Clearing Participant (“DCP”)

  • Acquisition of Trading Rights (“TRs”)

  • We can prepare and advise on clearing agreements, including agreements to become a Non-Clearing Participant (“NCP”) and give-up agreements

AML Compliance

We help you with anti-money laundering (“AML”), counter terrorist financing (“CTF”) & economic sanctions related regulatory requirements, including in respect of:
  • Account opening procedures

  • Customer due diligence (“CDD”)

  • Other know-your-client (“KYC”) policies and procedures to ensure your firm's regulatory compliance

Client Relationships

We can advise on the legal framework governing client relationships, preparing the following:
  • Client agreements

  • Margin financing agreements

  • Client questionnaires

  • Stock borrowing and lending agreements (“SBLs”)

  • Risk disclosures

Change of Control

We have particular expertise in mergers and acquisitions of securities firms.
We advise on the following:
  • Change of control transactions including substantial shareholder approvals

  • Acquisitions of minority interests

  • Joint ventures

  • Post-completion notifications of changes in shareholding structure

Client Disputes

We represent you in the face of allegations by clients of wrongdoing or for the purpose of collecting payments due from clients in the course of their trading activities.

Internal Investigations

We conduct internal investigations to identify potential staff wrongdoing and coordinate to produce information for management responsive to potential litigation or regulatory action.
The results of our internal investigations are often protected from disclosure through litigation privilege.

Regulatory Enforcement Action

In the face of challenges, we prioritize a client-first approach. Whether it's helping you prepare for the following:

We offer pragmatic solutions with an aim is to minimize disruption, while safeguarding your interests, reinforcing our commitment to your firm even in challenging circumstances.

grounded regulatory

COMPLIANCE

It is essential to comprehend and abide by complex regulations. As part of our Financial Services Regulatory practice, we can guide you through licensing by the Securities and Futures Commission (“SFC”).
We can advise on the following:
  • Whether an SFC license is required

  • Type of SFC license is required

  • How to meet SFC license requirements

For SFC inspections and audits, we can help you with the following:
  • Preparing for an SFC inspection

  • Responding to SFC enquiries

  • Requests for information and documents

We can assist you with ongoing SFC regulatory compliance in respect of:
  • Regulatory capital requirements

  • Conduct of business requirements under the Securities and Futures Ordinance (“SFO”), including short selling, insider dealing, market manipulation, disclosure of interests, position reporting and the offer of investment products, the SFC Code of Conduct and other guidelines issued by the SFC

Leveraging our integrity and commitment to clear communication, when in compliance with Hong Kong Exchanges and Clearing (“HKEx”) regulatory requirements.
We can help you to navigate the following:
  • Trading Rules of the Stock Exchange of Hong Kong (“SEHK”)

  • Rules of the Central Clearing and Settlement System (“CCASS”)

  • Rules of the SEHK Options Clearing House (“SEOCH”)

  • Trading Rules of the Hong Kong Futures Exchange (“HKFE”)

  • Clearing Rules of the Hong Kong Futures Clearing Corporation (“HKCC”).

  • Applications for Exchange Participantship (“EP”) or to become a General Clearing Participant (“GCP”) or a Direct Clearing Participant (“DCP”)

  • Acquisition of Trading Rights (“TRs”)

  • We can prepare and advise on clearing agreements, including agreements to become a Non-Clearing Participant (“NCP”) and give-up agreements

We help you to navigate anti-money laundering (“AML”), counter terrorist financing (“CTF”) & economic sanctions related regulatory requirements, including in respect of:
  • Account opening procedures

  • Customer due diligence (“CDD”)

  • Other know-your-client (“KYC”) policies and procedures to ensure your firm's regulatory compliance

creative financial

SOLUTIONS

We can advise on the legal framework governing client relationships, preparing:
  • Client agreements

  • Margin financing agreements

  • Client questionnaires

  • Stock borrowing and lending agreements (“SBLs”)

  • Risk disclosures

We have particular expertise in mergers and acquisitions of securities firms.
We advise on the following:
  • Change of control transactions including substantial shareholder approvals

  • Acquisitions of minority interests

  • Joint ventures

  • Post-completion notifications of changes in shareholding structure

pragmatic

DISPUTE RESOLUTION

We represent you in the face of allegations by clients of wrongdoing or for the purpose of collecting payments due from clients in the course of their trading activities.
We conduct internal investigations to identify potential staff wrongdoing and coordinate to produce information for management responsive to potential litigation or regulatory action. The results of our internal investigations are often protected from disclosure through litigation privilege.
In the face of challenges, we prioritize a client-first approach. Whether it's helping you prepare for the following:

We offer pragmatic solutions with an aim is to minimize disruption, while safeguarding your interests, reinforcing our commitment to your firm even in challenging circumstances.

Let us arrange an appointment with our award-winning lawyers for your case

Contact Us

HOW WE OPERATE

Our pursuit of excellence anchors the firm’s sophisticated approach.

We blend steadfast professionalism with our relentless dedication, enabling us to provide exceptional legal services.

Our practices are encapsulated within these domains:

SFC Licensing

SFC Licensing

We provide critical advice on SFC licensing requirements. Our team ensures you understand whether a license is required, the appropriate type, and the roadmap to meet these requirements, providing a clear and compliant path towards your business objectives.

SFC Inspections
& Enforcement Action

SFC Inspections
& Enforcement Action

Our proactive approach in preparing clients for SFC inspections and audits and representing them in SFC investigations embodies our commitment to integrity. We help you respond adeptly to SFC enquiries or requests for information and documents, minimizing the risk of adverse compliance findings. Our team helps you prepare for SFC interviews and respond appropriately to various notices, standing by you in challenging times.

HKEX Rules

HKEX Rules

We assist in navigating HKEX trading and clearing rules and help with applications for specific statuses. We also prepare critical documents such as clearing and give-up agreements, ensuring every move is informed and compliant.

Ongoing SFC, AML
& CTF Compliance

Ongoing SFC, AML
& CTF Compliance

Upholding a culture of regulatory compliance, we can guide your firm through the myriad obligations under the SFO and various SFC codes, guidelines and circulars. We ensure your business operations are compliant with Hong Kong's rigorous anti-money laundering (“AML”), counter terrorist financing (“CTF”), and economic sanctions laws. We maintain the integrity of your business amidst complex regulations.

Legal Documentation

Legal Documentation

We prepare client agreements and related documentation, including brokerage agreements, margin financing agreements, risk disclosures and client questionnaires.

Change of Control

Change of Control

We advise on mergers and acquisitions of securities firms, advising on the application of substantial shareholder approval requirements and post-completion notification obligations.

In Securities Brokers & Dealers, our practice has been recognised by:

“Leading Practice”

“Highly Regarded Lawyer”

“Recommended Practice”

“Leading Lawyer”

OUR EXPERIENCE

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