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Corporate and Commercial Law
Legal Update: Developments in virtual asset regulation in Hong Kong
In this snapshot legal update, we report on various announcements and policy updates announced during Hong Kong FintechWeek in respect of virtual assets (“VA”). On 31 October 2022, the Securities and Futures Commission (“SFC”) issued a circular on virtual asset futures exchange-traded funds (“VA Futures…Read More
Data Transfers: Protecting personal data by contractual means
The personal data protection regime in Hong Kong does not contain a statutory restriction on the transfer of personal data outside Hong Kong. However, this does not mean that there are no protections in respect of cross-border personal data transfers. In this article, Pádraig Walsh…Read More
Data Transfers: Frameworks for organising cross-border data transfers
There are serious legal consequences to a mishandled cross-border personal data transfer. In this article, Pádraig Walsh from our Data Privacy practice explores the steps a business should take when conducting an international data transfer process. Policy and process Good practice does not happen by…Read More
Data Transfers: The ground rules in Hong Kong
The starting point for understanding data transfers under Hong Kong law is to understand the interpretation of key data privacy concepts in Hong Kong. This may seem obvious first principles, but as Pádraig Walsh from our Data Privacy practice explains, sometimes those principles are same…Read More
Legal update: Security assessment measures on PRC cross-border data transfers
In this snapshot legal update, the Office of the Privacy Commissioner for Personal Data (“PCPD”) reminded businesses in Hong Kong to take timely follow-up actions and seek professional advice to comply with the relevant requirements of the Security Assessment Measures on Cross-border Transfers of Data…Read More
Key Terms of Shareholder Agreements for Investment
1. Overview A shareholder agreement is an agreement between the shareholders of a company. Shareholder agreements establish additional rights and obligations between the shareholders themselves, and supplement the rights under Articles of Association. As Articles of Association are public, often the shareholders wish to set…Read More
Legal update: Consultation on proposed acceptance of commitments from seven car distributors
In this snapshot legal update, we report that on 1 August 2022, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from seven car distributors (covering 17 car brands) (“Distributors”) relating to their restrictive warranty terms and conditions…Read More
Pádraig Walsh is an Asian Legal Business Super 50 TMT Lawyer for 2022
This past year, the Tanner De Witt TMT team advised on the full range of common TMT issues, including licensing, technology procurement and integration, subscription service arrangements, virtual asset regulation, data protection, cyber, telcom regulation, and venture capital and corporate transactions. We thank our clients…Read More
When a director’s days are numbered… removal of directors under the Companies Ordinance of Hong Kong
Members of a Hong Kong private company may remove a director without cause subject to the requirements set out in the Companies Ordinance (“CO”). The general requirements are set out in s. 462 and s. 463 of the CO. They are: A director may…Read More
Equity Incentive Plans
1. What is an equity incentive plan? An equity incentive plan is a scheme adopted and approved by a company that sets out rules that apply to a contract between a company and an individual to provide the individual an interest in or linked to…Read More
Subscription Agreements for Investment
Overview A subscription agreement sets out the terms of an equity investment into the company. It will set out the commercial terms of the investment such as the subscription price for shares, and the class and number of shares to be purchased. It will bind…Read More
Agreeing to be unfair: Can shareholders agree to oust the right to petition to wind up a company?
Establishing a new company can be nerve-racking. A well-drafted shareholders’ agreement ensures that everyone’s respective rights and obligations are clear, helping to minimise potential future disputes. But what are the limits of these agreements; can a shareholder agree that it will not present an “unfair…Read More
