Insurtech (Part 2) Taking off from the recent publication, Insurtech: Opportunities and Legal Challenges for the Insurance Industry, Chris Murrer and Iris Barsan walk through observations in the market, as well as key developments that define the current insurtech landscape. In this second installment, they take a deeper look into regulations…
Read publication In this regional update, we provide you with a practical overview of the most notable antitrust…
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Hong Kong’s Securities and Futures Commission (SFC) published a number of developments to its open-ended fund companies (OFC) regime in the last few weeks of 2020. On 23 December 2020, the SFC released both its conclusions (“Conclusions”) on the customer due diligence (CDD) requirements for OFC consultations and updated frequently asked questions (FAQ) relating to OFCs to clarify custodial requirements.
The Conclusions represent the culmination of the SFC’s further consultation on the CDD requirements to be imposed on OFCs, as released in September 2020 in its consultation conclusions related to further enhancements to the OFC regime (“September Conclusions”).1 The new CDD requirements will come into effect after a six-month transition period following the completion of the legislative process to amend the Securities and Futures Ordinance (SFO). The September Conclusions contained, amongst other things, liberalisation of the types of entities that can act as custodian and the updated FAQ provide clarification of the requirements for an OFC’s custodial arrangements. We discuss the Conclusions and updated FAQ in more depth in this Alert.
In brief The onset of COVID-19 has led to an unprecedented need and demand for remote working. In…
Our Hong Kong and China employment teams covered important changes and trends in employment law over the past…
On December 23, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR), in further implementation of Executive Order 13936 (EO 13936), to remove provisions that provide differential and preferential treatment for exports, reexports, and transfers of items to Hong Kong as compared to China. As a result…
The Hong Kong Securities and Futures Commission (SFC) recently released additional guidance on external electronic data storage in the form of frequently asked questions (FAQs)1, which elaborate on the requirements for using external electronic data storage providers (EDSPs) under the SFC’s 31 October 2019 circular (“EDSP Circular”)2. The FAQs provide further guidance on the following key aspects: (i) key personnel requirements for the purpose of the EDSP Circular; (ii) the application of the EDSP Circular where electronic regulatory records are kept with affiliates; and (iii) the use of undertakings by designated Manager(s)-in-Charge (MIC(s)) / Responsible Officer (RO) (“MIC/RO Undertaking”) as acceptable alternatives to the undertakings provided by the EDSPs (“EDSP Undertaking”). We discuss the implications in these areas further below. The SFC has also made consequential changes to its Frequently Asked Questions on premises for business and record keeping3.
A series of briefings that take a “bite-size” look at international trends in different jurisdictions, drawing on Baker McKenzie’s expert financial services practitioners.
HKCC accepts proposed commitments from seaport alliance
The Tribunal approves first cartel settlement
HKCC publishes policy on calculating fines
An alliance among four terminal operators agreed to comply with pricing restrictions and behavioral conditions to settle HKCC’s investigation. The Tribunal has resolved a case by way of approving a consensual application following a settlement between the parties for the first time. The HKCC also published a policy on calculating fines, which sets out a four-step approach to the formulation of recommended pecuniary penalties.
This update was published on 16 October 2020 as part of our quarterly newsletter, Asia Pacific Competition Highlights. Click here to access the full report, which covers the most notable antitrust developments across 11 Asia Pacific jurisdictions.