SFC INSPECTION LANDSCAPE
In our SFC Inspections and Audits practice, our highly experienced regulatory lawyers routinely advise SFC licensed corporations, including stock brokerage firms, traders, hedge fund managers, investment banks, corporate finance sponsors and advisers, wealth managers, financial advisers and other intermediaries on how to deal with SFC inspections and audits under section 180 of the Securities and Futures Ordinance (“SFO”).
We offer a deep understanding of both market practices in the securities and futures markets and SFC regulatory expectations. Combined with an understanding of the boundaries of requirements under the SFO, we identify and pre-empt concerns which the SFC may have before they become the subject of SFC criticism and advise clients on how to make a case to resist finding a breach or non-compliance.
We have a market-leading Financial Services Regulatory Practice and have been recognized by ILFR1000, the Legal 500, Chambers and Partners, and other authoritative bodies. Through engaging our firm, expect seamless compliance, risk mitigation, and steadfast support through every regulatory challenge.
Leveraging more than twenty years of experience serving clients in the financial sector, our firm has carved out a formidable standing as the preferred organisation for businesses in search of tailored and inventive legal guidance.
GETTING THE DEAL DONE
Pre-Inspection Contact Us
We assist in preparing for an SFC inspection, advising on the process of an SFC inspection, reviewing compliance documentation and undertaking mock reviews including transaction document reviews and mock on-site walk-throughs to identify areas of concern ahead of an on-site visit. We advise on the preparation for an opening meeting and current SFC enforcement priorities and trends. Our experience allows for careful preparation and strategic alignment, making it as efficient as possible.
On-Site Contact Us
During an SFC on-site inspection, we help to manage communications with the SFC. We advise on how to handle the SFC audit questionnaire, enquiries and requests, including those made for information and documents about specific transactions or clients, ensuring a comprehensive understanding of the inspection's landscape. We help you understand regulatory concerns in SFC enquiries, managing the flow of information, and addressing concerns proactively. Our approach aims to pre-empt or address any concerns before they become the subject of SFC’s criticism in the post-inspection report and mitigate any risk of SFC investigation or prosecution.
Findings Contact Us
Working closely with clients, we help to respond to SFC concerns as to areas of weakness identified during the inspection. We proactively address potential regulatory breaches and non-compliance, where necessary providing feedback to the SFC on its interpretation of various codes such as the Code of Conduct for Persons Licensed by or Registered with the SFC (“SFC Code of Conduct”), the Fund Manager Code of Conduct (“FMCC”), the Corporate Finance Adviser Code of Conduct (“CFA Code”), the Management, Supervision and Internal Control Guidelines (“Internal Control Guidelines”) and the Guideline on Anti-money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) (“AML Guideline”).
Our collaborative approach ensures a path towards complete compliance.
Our legal team has been recognised by:
“Rising Star Partner”
“Securities Expert of the Year”
SFC Inspection of Asset Management Firm with over US$15 Billion AUM
Lead counsel to PRC based asset manager with US$15 billion of assets under management in connection with an SFC inspection of its Hong Kong offices. Successfully assisted client to avoid adverse findings following initial compliance concerns.
SFC Authorization of Retail Funds with €500 Billion AUM
Hong Kong counsel to European based asset manager with over €500 billion of assets under management in respect of the marketing of its flagship UCTIS funds in Hong Kong and mainland China.
HOW CAN WE HELP?
With deep expertise in handling SFC inspections, our legal team can help with the three stages of an inspection: pre-inspection, on-site inspection and the discussion of findings.
Contact us if you need assistance.