Timothy Loh LLP

16/12/2020

May the Peace and Joy of the Holiday Season be with you throughout the coming year. Best wishes from Timothy Loh LLP.

27/11/2020

The can enter premises by force and search for and seize records, including computers. Find out here https://bit.ly/36ajb3C what to do if the shows up at your door.

15/04/2019

A recent decision of the Court of Appeal rejected a constitutional challenge against the “no-consent” regime under the Organised and Serious Crime Ordinance. The regime prohibits a person including a financial institution from dealing with property which the person knows or has reasonable grounds to believe are proceeds of crime unless the Joint Financial Intelligence Unit (JFIU) consents to such dealing. Though the consequences for a bank account holder can be a catastrophic loss of liquidity where consent is refused and that illiquid situation can persist indefinitely with no transparent process to hold the JFIU accountable, the court declined the opportunity to require greater safeguards. However, the court left open the possibility of a future constitutional challenge on the question of whether the regime was sufficiently certain and seemed to suggest that a heavier burden rests on financial institutions and other persons to ensure that they are not too aggressive in refusing access to accounts.

Read the full article by Timothy Loh Gavin Cu***ng and Cheryl Ho here:

Timothy Loh LLP is an independent and internationally recognized legal adviser to some of the world's most sophisticated consumers of legal services. The firm represents Fortune Global 500 companies, family offices, asset managers, financial institutions and other business organizations and their ke...

20/03/2019

Seminar: SFC Implementation of New Suitability Requirements for Sale of Complex Products Extended to July 6, 2019

On March 19, 2019, the Securities and Futures Commission (“SFC”) announced a 3 month delay (from April 6, 2019 to July 6, 2019) in the introduction of updates to the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission (“Code of Conduct”) which require licensed and registered persons to ensure that, when providing services to a client in a complex product: (i) they ensure that any transaction in that product is suitable for the client in all the circumstances; (ii) they provide sufficient information on the key nature, features and risks of the product; and (iii) they provide warning statements in relation to the complex product.

We will be hosting a lunch time seminar on April 8, 2019 to provide our perspective on these new requirements and how to minimize the risk of claims of mis-selling going forwards. For further details or to register about the seminar, please click here: https://lnkd.in/fPy-CWQ

14/03/2019

Seminar: How To Handle Thematic And Periodic SFC Inspections

Register here: https://lnkd.in/fxc4bPj

All licensed corporations are periodically inspected by the Supervision Department of the Securities and Futures Commission, usually with only short notice given for on-site visits.

A poorly handled inspection may increase the risk of SFC enforcement action. In this seminar we outline what you may expect to occur during an on-site inspection and what the SFC may be looking for.

We provide our perspective on how to prepare for the inspection process and how to deal with the inspection team once it turns up at your office.

Please join us for this lunch time seminar as we discuss how to handle SFC Inspections.

11/03/2019

Timothy Loh LLP is pleased to announce its first recipient of the inaugural Timothy Loh Prize – Mr. Runtong Gong, a prospective JD graduate of the Chinese University of Hong Kong. Congratulations!

Timothy Loh LLP is pleased to announce its first recipient of the inaugural Timothy Loh Prize – Mr. Runtong Gong, a prospective graduate of the Juris Doctor Program at the Chinese University of Hong Kong who possesses outstanding academic achievements as well as great passion and potential for fin...

22/02/2019

Firm Managing Partner Timothy Loh has been recognized as a "well regarded" lawyer in the regulatory space by Chambers and Partners

22/02/2019

Firm client activist short seller Andrew Left's appeal against the ruling of the Market Misconduct Tribunal on grounds of law marks yet another landmark case for Timothy Loh LLP. Read the full article on Nikkei Asian Review to learn more: https://lnkd.in/fd49siN (Andrew Left's Appeal).

Stay tuned for updates. Links to the firm's past precedent setting cases available here: https://lnkd.in/f9mJj27 (Pacific Sun) and https://lnkd.in/f-sTAYq (AcrossAsia)

Landing Page: https://lnkd.in/fd49siN

11/02/2019

The Inland Revenue (Profits Tax Exemption Amendment) Bill represents a major step forward in allowing private funds, including hedge funds and private equity funds, managed from Hong Kong to obtain exemption from profits tax. Amongst other things, the Bill will provide bright line tax certainty for open-ended fund companies. At the same time, the Bill will allow funds to maintain their tax residency in Hong Kong, meaning that such funds will no longer be required to undertake board activities outside of Hong Kong and will no longer be required to maintain directors resident outside of Hong Kong to qualify for tax relief. Finally, the Bill will provide greater flexibility for tax relief in the context of private equity investments both in and out of Hong Kong. The Bill is on track to come into effect in April, 2019 and discussions with the IRD to date suggest that the IRD will be helpful in construing the legislation for the benefit of the asset management industry. Read the full article here:

Timothy Loh LLP is an independent and internationally recognized legal adviser to some of the world's most sophisticated consumers of legal services. The firm represents Fortune Global 500 companies, family offices, asset managers, financial institutions and other business organizations and their ke...

01/02/2019

Firm Managing Partner, Timothy Loh, has been nominated as one of the world's leading practitioners in Private Funds 2019 on Who'w Who Legal

31/01/2019

Timothy Loh discusses the significance of the Andrew Left appeal case in an interview with 明報即時新聞 Ming Pao's Viann Chan.

Firm client activist short seller Andrew Left's appeal against the ruling of the Market Misconduct Tribunal on grounds of law marks yet another landmark case for TIMOTHY LOH LLP. Read the full interview to learn more: https://lnkd.in/fXJAJs4 (Timothy Loh on Andrew Left's Appeal)

Stay tuned for updates. Links to the firm's past precedent setting cases available here: https://lnkd.in/f9mJj27 (Pacific Sun) and https://lnkd.in/f-sTAYq (AcrossAsia)


Landing Page: https://lnkd.in/fXJAJs4

31/01/2019

Firm client activist short seller Andrew Left's appeal against the ruling of the Market Misconduct Tribunal on grounds of law marks yet another landmark case for TIMOTHY LOH LLP. Read the full article on Financial Times by Don Weinland to learn more: https://lnkd.in/fNsngP6 (Andrew Left's Appeal).

Stay tuned for updates. Links to the firm's past precedent setting cases available here: https://lnkd.in/f9mJj27 (Pacific Sun) and https://lnkd.in/f-sTAYq (AcrossAsia)

Landing Page: https://lnkd.in/fNsngP6