Our Financial Services Regulatory practice also complements our White Collar Crime and Regulatory Defence practices in SFC Investigations & Prosecution, SFC Appellate matters and Market Misconduct Tribunal proceedings.
We have unparalleled experience in SFC licensing, both in traditional securities and futures products as well as cutting edge virtual asset products.
Our market-leading regulatory lawyers represent firms applying to be licensed by the Securities and Futures Commission (“SFC”), (“licensed corporations”), individuals applying to be licensed by the SFC (“licensed representatives”) and individuals applying to be approved as responsible officers (“ROs”). We advise on the Fit and Proper Guidelines and the Guidelines on Competence and advise on corporate structure, compliance with the manager-in-charge (“MIC”) regime and the preparation of business plans, compliance manuals and SFC application forms.Details
We offer guidance on SFC inspections and audits, providing a steady hand in uncertain times.
We can help guide you through the complexities of laws and regulations administered by the SFC to give you peace of mind. These include how to prepare for an SFC inspection and how to respond to SFC enquiries or requests for information and documents as part of an inspection.Details
m&a advisory for
SFC REGULATED FIRMS
We guide our clients in M&A transactions involving SFC regulated firms, leveraging our vast experience with the operations of SFC regulated firms to manage financial and regulatory risks and the practices and expectations of the SFC to manage change of substantial shareholder applications as well as related applications for changes in business plans and management consequent to changes of control.Details
We assist with compliance with AML and economic sanctions, including the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”), the Organized and Serious Crimes Ordinance (“OSCO”), the Drug Trafficking (Recovery of Proceeds) Ordinance (“DTRPO”), the United Nations (Anti-Terrorism) Ordinance (“UNATO”) and the United Nations Sanctions Ordinance.
We also advise on money service operator (“MSO”) businesses, including money changers and money remittance services.
Let us be your new standard in compliance.Details
We can help you to respond to SFC enforcement action, including investigations and prosecutions, providing guidance on how respond to SFC requests to produce documents or answer written questions, how to prepare for and handle an SFC interview, what steps to take in the event of the execution of a warrant to enter and search premises and how to address a notice of proposed disciplinary action or a summons in connection with criminal proceedings.
Should you find yourself in the unfortunate situation of being under investigation or facing prosecution, we offer guidance to help you navigate potential pitfalls and present your case in the best light.
We offer comprehensive support to SFC licensed corporations in respect of ongoing compliance with regulatory requirements and obligations under the Securities and Futures Ordinance (“SFO”) and the SFC Code of Conduct, the Fund Manager Code of Conduct (“FMCC”), the Corporate Finance Adviser Code of Conduct, the Internal Control Guidelines as well as guidance and circulars issued by the SFC.
In the rapidly evolving landscape, compliance can pose a challenge for most companies. Let our legal team assist you in streamlining this process, ensuring your company's adherence to regulatory standards.
Our market leading financial services lawyers have extensive experience advising clients, including operators of trading and clearing platforms, on Hong Kong laws and regulations governing financial market infrastructure.
We have guided clients through regulatory requirements for automated trading services (“ATS”) and have represented clients in applying for authorization or licensing by the SFC as an ATS provider, issuing legal opinions on the application of insolvency laws to clearing operations, advising on trading and clearing rules in the event of exchange and clearing member default and on the effect of various specialized statutory regimes in respect of financial market infrastructure, including under the Financial Institutions (Resolution) Ordinance (“FIRO”) and the Securities and Futures Ordinance (“SFO”).
regulatory obligations for
With regards to insurance, our financial services regulatory team advises insurance companies, agents and brokers regulated by the Insurance Authority (“IA”).
We advise on ongoing regulatory obligations under the Insurance Ordinance (“IO”) and codes and guidelines issued by the IA including those in the Code of Conduct for Licensed Insurance Brokers and the Code of Conduct for Licensed Insurance Agents. We advise on regulatory obligations in respect of specialized products such as the Code on Investment Linked Assurance Schemes (“ILAS Code”) and the Mandatory Provident Fund Schemes Ordinance (“MPFSO”) and related codes and guidelines issued by the SFC and the Mandatory Provident Fund Schemes Authority (“MPFA”).
Through our market leading M&A practice, we have significant experience with mergers and acquisitions involving IA regulated insurers and insurance brokers as well as MPFA regulated intermediaries and trustees and SFC regulated ILAS schemes.
In the banking sphere, we assist authorised institutions in complying with regulations administered by the Hong Kong Monetary Authority (“HKMA”) including obligations under the HKMA Supervisory Manual and conduct of business requirements issued by the SFC.
We provide legal advice to electronic payment system operators (including store value facility operators) on applicable regulatory requirements and obligations, including those in the Payment Systems and Stored Value Facilities Ordinance (“PSSVF”) and AMLO.