Corporate and Commercial Law
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
Approaching investors with confidence
Before approaching an investor, remember the five P’s: Proper Preparation Prevents Poor Performance. We recommend conducting background due diligence on the potential investor before meeting to see if the investor is suitable for your business. Here are a few topics to explore: 1. The investment…Read More
Due Diligence Tips
Why should you prepare for Due Diligence? It is important to have all the materials concerning due diligence prepared and organised prior to approaching an investor. This will allow you to keep the focus on the actual funding process and transaction documents, rather than responding defensively…Read More
Legal update: SFC Consultation on clarification to offering document exemptions
In this snapshot legal update, we report that on 10 June 2022, the SFC launched a public consultation exercise that includes a proposed clarification to an exemption from SFC authorisation for offering documents for securities. The Securities and Futures Ordinance prohibits the issue of advertisements…Read More
Term Sheets for Investment
1. What is a Term Sheet? A Term Sheet is a summary of the business, finance and legal terms that will apply to an investment round. Usually it is a not a legally binding document, except for a few provisions such as confidentiality, costs or…Read More
The new licensing regime for Virtual Asset Service Providers: The Amendment Bill
The long-awaited Virtual Asset Service Providers (“VASP”) licence regime is coming closer with the Hong Kong government gazetting the Anti-Money Laundering and Counter-Terrorist Financing (Amendment) Bill 2022 on 24 June 2022 (“Bill”). We reported on the key points of the consultation and the conclusion (collectively,…Read More
Legal update: New recommended model clauses for cross-border transfer of personal data
In this snapshot legal update, we report that on 12 May 2022 the Privacy Commissioner for Personal Data (“PCPD”) published new guidance on recommended model contractual clauses for cross-border transfers of personal data (“Model Contractual Clauses Guidance”). This supplements prior guidance published by the PCPD…Read More
Tanner De Witt seeks Corporate Paralegal – 2+ years’ experience
THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. We are seeking a Corporate Paralegal to join our Corporate Commercial Group and take part in its continued success. Requirements: A minimum of 2-years trademark experience in reputable law firm or MNC Sound knowledge…Read More
Tanner De Witt seeks Corporate and Commercial Solicitor (2-4PQE)
THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Tanner De Witt is seeking a Hong Kong-qualified solicitor with 2 – 4 years PQE and a focus on non-contentious corporate, fund and regulatory matters. Join one of the largest independent law firms in…Read More
The Legal 500 2022 rankings are announced for Asia-Pacific
Tanner De Witt is proud to be recommended in The Legal 500 Asia Pacific Guide 2022 for employment, restructuring and insolvency, dispute resolution and technology, media, telecommunications (TMT). Legal 500’s Hall of Fame includes Partners Ian De Witt and Robin Darton and Consultant Kim Boreham, while Pamela Mak and Russell Bennett are recognised as Leading Individuals. Sunny Hathiramani is listed as…Read More
Results of 2022 Chambers Greater China Region Guide announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2022 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. What the…Read More