Introduction
Our lawyers have significant experience dealing with and advising upon clients’ legal needs concerning regulation within Hong Kong and internationally. Our Regulatory and Compliance practice gives legal advice on both contentious and non-contentious matters across diverse sectors. We advise in financial services regulation, general banking compliance, and property-based investment schemes. Our service extends to fintech regulations, where we navigate the intricate intersection of technology and regulatory frameworks, providing invaluable insights into innovative businesses.
The team is well-versed in general banking and financial compliance, offering guidance on implementing regulatory and anti-money laundering measures. We specialize in regulatory investigations and enforcement actions, defending clients in criminal prosecutions and judicial review proceedings against regulators and regulatory implications. In addition, we provide strategic advice on property-based investment schemes, determining the classification of “Collective Investment Schemes” and offering compliance insights, including capital adequacy requirements and regulated activity.
Aligned with our digital services team, we excel in specialised services, advising on cutting-edge fintech projects, blockchain deployment, and cryptocurrency-related businesses including regulatory advice on stable coin platforms, fund formation, tokenization of fund interests, compliance for virtual asset businesses, payment regulation for debit and credit card issuance projects and regulatory support for online receivables financing and factoring platforms.
Services
- Financial Services Regulation
- We deal with both Hong Kong and overseas financial regulators, advising regulated individuals, brokerages, fund managers, independent financial advisers, and industry groups/associations within the financial services and insurance industry.
- Fintech and Regulation
- We advise on regulatory and contractual implications for innovative businesses related to payment systems, stored value facilities, money service operations, money lending, and factoring. The digital services team is actively involved in fintech projects, including those involving blockchain and distributed ledger technology.
- General Banking and Financial Compliance
- We advise on the implementation of regulatory and anti-money laundering measures, substantial shareholder filings regulations, compliance with financial industry licensing matters, and lobbying on financial regulatory consultations.
- Regulatory Investigations and Enforcement Actions
- We act in regulatory investigations and enforcement actions by both Hong Kong and overseas regulators. This involves defending clients in criminal prosecutions related to financial misconduct, mis-selling, money laundering, false trading, market manipulation, and related allegations.
- Judicial Review Proceedings
- We handle judicial review proceedings against regulators and regulatory decisions, providing legal representation to clients in response to fines, license bans, prison sentences, and other reprimands imposed by financial regulatory bodies.
- Property-Based Investment Schemes
- We advise on various property-based investment schemes which constitute under a “Collective Investment Scheme” (CIS) and provides general compliance advice, including capital adequacy requirements and regulated activity.
- Digital Services
- This team provides regulatory advice on various projects, including algorithmic stable coin platform, fund formation, tokenization of fund interests, online sale and purchase of cryptocurrency, compliance for virtual assets businesses, payment regulation for debit and credit card issuance projects, and regulatory issues for online receivables financing and factoring platforms.
Areas of Practice
- AML
- Anti-bribery and corruption
- Competition
- Compliance
- Data Privacy
- Enquiries
- ICO / Listing rules
- Investigations and prosecutions
- Licensing and supervision
Experience
We have experience advising on:
- Banking Ordinance (BO)
- Competition Ordinance (CO)
- Hong Kong Customs & Excise Department (C&ED)
- Hong Kong Monetary Authority (HKMA)
- Hong Kong Stock Exchange (HKEx)
- Independent Commission Against Corruption (ICAC)
- Insurance Authority (IA)
- Insurance Ordinance (IO)
- Market Misconduct Tribunal (MMT)
- Money Lenders Ordinance (MLO)
- Money Service Operators (MSO)
- Privacy Commissioner for Personal Data (PCPD)
- Securities and Futures Commission (SFC)
- Securities and Futures Ordinance (SFO)
- Stored Value Facility (SVF)