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In AML & Financial Services Regulatory

Hong Kong: SFC releases Consultation Conclusions and commences Further Consultation on proposed depositaries (RA 13) regime

by , and 1 Min Read

The Securities and Futures Commission recently released the Consultation Conclusions on the Proposed Regulatory Regime for Depositaries of SFC-authorised Collective Investment Schemes and the Further Consultation on Proposed Amendments to Subsidiary Legislation and SFC Codes and Guidelines to Implement the Regulatory Regime for Depositaries of SFC-authorised Collective Investment Schemes. Whilst many of the proposals from the 2019 original consultation will be adopted without change, the SFC has refined its approach in several key areas to provide greater clarity to the industry. We summarise the key requirements that will be applicable to RA 13 licensees, the Consultation Conclusions and the new proposals for consultation in the Further Consultation.

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In Asia-Pacific

Hong Kong: Court of First Instance discusses exemptions in disqualification orders made against directors of listed companies

by , , and 5 Mins Read

The Court of First Instance has recently discussed the Court’s discretionary power in allowing private companies to be carved out from disqualification orders made against former directors of a listed company under s.214 of the Securities and Futures Ordinance (“SFO”). The Court retains discretion in deciding whether exemptions to disqualification orders should be granted in the circumstances. We discuss the principles and key factors considered by the Court in dealing with such carve-out applications below.

In Asia-Pacific

Hong Kong: Personal Data (Privacy) Ordinance amended to introduce “anti-doxxing” provisions

by and 6 Mins Read

Hong Kong’s data privacy law, the Personal Data (Privacy) Ordinance, has been amended to introduce “anti-doxxing” provisions. The new regime creates offences to curb doxxing acts, and empowers the Privacy Commissioner for Personal Data to carry out criminal investigations, institute prosecutions and issue cessation notices. The changes came into effect on 8 October 2021. The Commissioner made its first arrest under the doxxing regime on 13 December 2021.

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In Asia-Pacific

China: Webinar – Collaborating with KOLs

by , , and 1 Min Read

Digitalization and technological trends have rejuvenated the global marketing landscape in the most drastic and unpredictable ways. We are seeing an uprise in the number of companies, big and small, engaging KOLs as part of their marketing strategies. In this interactive session presented in Cantonese, Baker McKenzie associates have explored and discussed currently-trending types of KOL engagement, relevant laws in mainland China and Hong Kong, emerging legal risks, recent cases and experience, and insights on mitigating legal risks.

In Anti-Corruption

Hong Kong: SEHK updates Listing Rules to highlight the importance of whistleblowing and anti-corruption policies as part of good corporate governance among issuers

by , , and 4 Mins Read

The Stock Exchange of Hong Kong Limited has amended its Listing Rules, including the Corporate Governance Code, to enhance the corporate governance framework and promote good governance among issuers. The amendments follow a consultation period and the conclusions drawn in the published Consultation Conclusions.

In AML & Financial Services Regulatory

Hong Kong: Police ‘informal freeze’ of bank accounts held invalid – Implications for financial institutions and businesses

by , , , and 6 Mins Read

Cyber fraud remains a significant risk to businesses and individuals. In the 11 months to November 2021, over 500 phishing scams, worth more than HKD 1.4 billion in losses, were reported to the Hong Kong Police. The Police have been developing and will soon launch a free software to assist businesses in identifying phishing scams.

In AML & Financial Services Regulatory

Global: Global Financial Services Regulatory Guide

by 2 Mins Read

The financial services industry is undergoing sweeping changes driven by regulatory developments, rapidly advancing technology, ESG concerns and continued consolidation in the sector. The far-reaching impact of financial reforms, intricacies in their implementation, and conflicting regulations in different jurisdictions can expose businesses to increased regulatory risk.

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