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Legal Update – HKMA Consultation Conclusions on Crypto-assets and Stablecoins
On 31 January 2023, the Hong Kong Monetary Authority (the “HKMA”) issued the consultation conclusions to its discussion paper published on 12 January 2022 (the “Consultation Conclusions”). The Consultation Conclusions provide critical insights into the shape of the HKMA plans for stablecoin regulation in Hong…Read More
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
Legal update: SFC review of online investment services
In this snapshot legal update, we report that on 31 August 2022, the Securities and Futures Commission issued a circular to licensed corporations in relation to the SFC’s review of online brokerage, distribution and advisory services (the “Circular”). The SFC conducted a review of the…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: SFC warns of risks associated with NFTs
In this snapshot legal update, we report that on 6 June 2022, the SFC issued a warning regarding risks associated with investing in non-fungible tokens (NFTs). The SFC noted that NFTs have risks that are similar to other virtual assets. These include Illiquid secondary markets,…Read More
2022 Joint Circular of SFC and HKMA on Virtual Asset Dealing and Advisory Service
The Securities and Futures Commission (“SFC”) and the Hong Kong Monetary Authority (“HKMA”) recently published a joint circular on intermediaries’ virtual asset-related activities on 28 January 2022 (the “Circular”). The Circular supersedes the earlier circular to intermediaries on distribution of virtual asset funds on 1…Read More
Data Breach Response: Ten Tips on Managing Regulatory Inquiries
A letter arrives from the Privacy Commissioner. There are awkward questions. Well, settle in for the long haul. You are now at the start of an inquiry. In this article, Pádraig Walsh from the Privacy and Cybersecurity practice group of Tanner De Witt provides ten…Read More
Key Points in the FSTB Consultation Paper to the new licensing regime for VASPs
The Financial Service and Treasury Bureau released a consultation paper on 3 November 2020, proposing amendments to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Laws of Hong Kong)(“AMLO”) to introduce a licensing regime for virtual asset services providers (“VASP(s)”). River Stone, Pádraig Walsh…Read More
Legal update: SFC fines company secretary for insider dealing
According to a recent press release issued by the Securities and Futures Commission (the “SFC”) on 11 January 2021, Mr. Chow Chiu Chi, the company secretary of China Automation Group Limited (“China Automation”), a company listed on the Main Board of The Stock Exchange of…Read More
Legal update: Client facilitation in the execution of residual odd lots
The Hong Kong Securities and Futures Commission (the “SFC”) issued an FAQ on 18 December 2020 clarifying the applicability of the exemption from the requirement for licensed corporations (“LCs”) to obtain explicit client consent on a trade-by-trade basis prior to each client facilitation trade. As a…Read More
