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Event Description:

Ensuring proper disclosures by listed issuers remain one of the cornerstone enforcement priorities for the Securities and Futures Commission (“SFC”) and the Hong Kong Stock Exchange (“HKEX”). In particular, there is a growing emphasis placed by the SFC and the HKEX for listed issuers to make their disclosures on a timely basis and to ensure the contents are factually accurate, complete and not misleading. The central premise is that disclosure of information is a key requirement to enable investors to have sufficient information to make informed decisions on their investments in listed issuers. Enforcement cases in recent years have underscored the importance for listed issuers to scrutinise their public announcements more closely to ensure the information is not just accurate, but also materially complete.

 

In this webinar, two speakers from Sidley Austin’s contentious regulatory team of China Corporate & Finance Group, will provide a practical overview of the SFC and the HKEX’s enforcement approach to disclosure failures and will cover topical issues including:

1. A general overview of the relevant statutory and listing rule requirements on disclosures;

2. The SFC and the HKEX’s recent enforcement priorities and trends;

3. Key enforcement actions by the SFC and the HKEX on disclosure failures; and

4. Practical tips in managing enquiries and investigations by the SFC and the HKEX on disclosure failures.

Stephanie Chan, Partner

Ms. Stephanie Chan is a Partner of Sidley Austin. Stephanie specialises in commercial litigation, contentious regulatory matters and international arbitration. Stephanie has extensive experience in advising multinational and Chinese companies in a broad range of commercial disputes across multiple jurisdictions, with a particular focus on cross-border contractual disputes, joint venture and shareholder disputes, fraud, enforcement of securities and debt recovery. She also has assisted numerous clients from across different industry sectors including financial services, mining, real estate, entertainment, energy, medical as well as manufacturing. Stephanie also has particular expertise in advising multinational companies, PRC state-owned enterprises, international investment banks, Chinese banks, private equity funds and asset managers in regulatory investigations conducted by regulatory and enforcement authorities including the Hong Kong Stock Exchange, Securities and Futures Commission, Hong Kong Monetary Authority and Commercial Crime Bureau.

Stephanie has been recognized several times as a Next Generation Lawyer and Partner in Regulatory by Legal 500 Asia-Pacific. Stephanie is most recently ranked as an Up and Coming lawyer in Dispute Resolution: Litigation by Chambers Greater China Region 2023, and is also recognized by Legal 500 Asia-Pacific 2023 in Litigation, Arbitration and Restructuring and Insolvency. In Legal 500 Asia Pacific 2023, she is described by clients as “a robust and diligent litigator with substantial experience and expertise in handling commercial disputes and contentious regulatory matters”. Clients also recognize her “great commercial sense”, “strong language ability” and “excellent client management”, and appreciate her “solid legal knowledge” and “strategic advice” in settling “big-money and highly complex dispute,” and that “she often goes above and beyond to ensure a positive outcome is achieved,” as quoted in Chambers Greater China Region 2023.

Adrian Tang, Senior Associate

Mr. Adrian Tang is a Senior Associate of Sidley Austin. Adrian’s practice focuses on contentious regulatory matters, commercial litigation, and international arbitration. Adrian has extensive experience in and frequently advises Hong Kong listed companies, PRC state-owned enterprises, and international investment banks in regulatory investigations conducted by regulatory and enforcement authorities, including the Hong Kong Stock Exchange, Securities and Futures Commission, and the Hong Kong Monetary Authority. Adrian has also worked closely with and acted for a number of multinational and Chinese companies, international banks, and high net worth individuals in a broad range of commercial disputes, including cross-border contractual disputes, and joint venture and shareholder disputes, before the Hong Kong courts, arbitral tribunals and mediators. While working for the Dispute Resolution team at a Silver Circle firm, Adrian was seconded to a major international investment bank to work as an in-house counsel and gained valuable experience in handling a range of internal investigations, regulatory enquiries and litigation matters.

Adrian was recently recognized as a key lawyer in Restructuring and Insolvency by Legal 500 Asia Pacific 2023 and was described by his clients as “a resourceful and diligent lawyer with a promising future in the profession”.

Event details

Date: Wednesday, 23rd August 2023

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for.  Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes. 

 

 

We're thrilled to announce that Lexology Live: Hong Kong is back for its 3rd edition on 14 September 2023, taking place at the Regal HotelHong Kong.

The event, supported by ACC Hong Kong, will tackle key issues that in-house and compliance professionals face, providing local and regional solutions to build legal and compliance risk resilience.

It is the perfect opportunity for you to network with over 100 senior in-house counsel and government representatives from multinational law practices, global consulting firms, supply chain management and technology companies.

ACC Member In-house counsel and government representatives are welcome on a complimentary basis. Secure your free ticket today here.

We look forward to seeing you at this event. Should you have any questions, please contact us at eventshk@accglobal.com.

EVENT DETAILS:

Date:

Thursday, 14 September 2023

Time:

09:00 AM to 5:00 PM 

Location:

Regal Hotel, Hong Kong

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 5 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

ACC would like to invite you to one of our upcoming virtual tours, where we will cover how you can make the most of your new ACC membership. To join us, simply register via the date below: 

19 July, 1:00 PM HKT

Our membership team is always ready to assist you. Whether you prefer to reach out via email, telephone, or schedule an appointment, we're here to support you in navigating these changes and ensuring you have a seamless experience throughout. 
 
Thank you for being a valued member of ACC, and we look forward to continuing to serve you with an enhanced membership offering tailored to your professional needs. 

ACC would like to invite you to one of our upcoming virtual tours, where we will cover how you can make the most of your new ACC membership. To join us, simply register via the date below: 

17 August, 1:00 PM HKT

Our membership team is always ready to assist you. Whether you prefer to reach out via email, telephone, or schedule an appointment, we're here to support you in navigating these changes and ensuring you have a seamless experience throughout. 
 
Thank you for being a valued member of ACC, and we look forward to continuing to serve you with an enhanced membership offering tailored to your professional needs. 

 

This seminar is designed to help in-house lawyers at all levels get comfortable with common concepts and principles of accounting that often arise in legal work.  The seminar is intended to be pragmatic and non-technical and focus on the story that financial statements tell about a company overall.

In this seminar, we’ll cover:

  • The key tenets of US generally accepted accounting principles (GAAP) and International Financial Reporting Standards (IFRS);
  • How in-house lawyers can leverage commercial insights from financial statements;
  • How in-house lawyers can identify patterns in financial statements that might suggest potential legal and regulatory concerns;
  • The auditor process and the different scope of auditor opinions; and the relationship between financial statements and a company’s internal control function.

Anil Motwani, CFA

Anil Motwani is a counsel in the Asia Investment Funds practice. He is based in Hong Kong.

Mr. Motwani’s practice focuses on advising Asia-based sponsors on the formation and operation of private funds, including private equity funds, venture capital funds, real estate funds, as well as hedge funds. He is experienced in structuring funds that invest across China, India and other Asian markets, as well as globally. Mr. Motwani routinely provides regulatory and compliance advice to investment funds and their managers.

He has represented institutional investors in their global alternative investments, including sovereign wealth funds, family offices and the alternative investment arms of major banks.

In addition, Mr. Motwani provides legal advice to non-US corporations and underwriters under the U.S. Investment Company Act of 1940 in connection with equity and debt offerings and other financing transactions.

Mr. Motwani is a Chartered Financial Analyst (CFA).

EVENT DETAILS:

Date:

Tuesday, 08 August 2023

Time:

12:30 pm to 1:00 pm - Registration and Lunch

1:00 pm to 2:00 pm - Presentation 

Location:

Shearman & Sterling 21st Floor, Gloucester Tower, The Landmark 15 Queen’s Road Central Hong Kong

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

CLE Credit(s):

This course has been approved for NY, CA, and TX Mandatory Continuing Legal Education (MCLE) credit for newly-admitted and experienced lawyers. Attendees will receive approximately 1 New York Professional Practice credits (pending); 1 California General credits (pending); and 1 Texas credit hours (pending). This course’s non-traditional format is appropriate for newly-admitted lawyers.

 

Please note the updated venue and time for this event.

**Reminder**

ACC HK is excited to organise a social activity to informally meet you and for you to get to know us and other ACC members (including board members). Our social activity for the month July is to attend a Dai Pai Dong lunch. The date and registration link can be found below.

We are looking forward to your registration and are excited to meet you in a more informal environment.

Please note, due to the informal nature of this activity, lunch will be held on a Saturday.

Month 

Date 

Start Time 

Activity

Registration Link

July

29

11:30 am

Shop 4, Cooked Food Centre, 2F, Wong Nai Chung Municipal Services Building, 2 Yuk Sau Street, Happy Valley

Click here to register

Important notes:

- This event is free to join, but any costs involved should be paid by yourself on the day- please ensure that you have cash on hand to cover these expenses.

- you may bring an in-house counsel who is not a member of ACC HK to join the activity.

- space is limited (groups of 3-8ppl) to enable the ability to connect in the group.

- you will be asked to provide your WhatsApp number to coordinate the meeting point on the day of the social activity.

- with less than 3 registrants the event will be cancelled.

 

(Members can bring 1 guest along)

Registration for this Event will close on Thursday, 27 July 2023 at Noon.

 

 

This presentation will cover the advantages, disadvantages and appropriateness in different circumstances of various corporate forms in the U.S., including C-corporations, S-corporations, limited partnerships and limited liability companies. A comparison will be drawn between attributes of these various corporate forms such as ownership requirements, form of equity, tax treatment, personal liability of owners, management, fiduciary duties and methods of raising capital and returning profits. In-house counsel seeking to utilize entities in the U.S. will gain a high level understanding of the factors relevant in choosing the type of corporate form as well as the circumstances in which each corporate form would be appropriate.

Miranda So, Co-Head

Miranda is the co-head of Davis Polk’s practice in Asia (excluding Japan), covering the firm’s Hong Kong and Beijing offices. She also leads Davis Polk’s Asia M&A and private equity practice.

Miranda acts for global and Asian companies and investment funds in cross-border M&A transactions, strategic acquisitions and investments, foreign direct investments, pre-IPO financings, joint ventures, going-private transactions, PIPEs, private equity and special situation transactions, restructurings, and other securities and general corporate matters. She also advises clients on regulatory matters involving antitrust and competition, CFIUS and foreign investment reviews, and anti-corruption compliance.

Miranda’s work has been recognized by Chambers, IFLR, Asian Legal Business and Legal 500. She was named to IFLR’s “Women Dealmakers Hall of Fame” in 2023 and ALB’s 2022 list of the 15 “Top Female Lawyers” in Asia.

Xi Shi, Counsel

Xi is a counsel in Davis Polk’s Corporate practice, currently practicing as a Registered Foreign Lawyer in Hong Kong. He advises corporate and private equity clients on a wide range of M&A matters, including acquisitions, divestitures, buyouts, mergers, going-private transactions, PIPEs and venture and growth capital investments.

Recognized as a "Rising Star of the Year" at the IFLR Asia-Pacific awards in 2021, Xi has extensive experience advising on transactions in and out of Mainland China as well as other Asia-Pacific jurisdictions, including Hong Kong, India, Indonesia, Korea, Malaysia, the Philippines, Singapore, Taiwan and Vietnam.

EVENT DETAILS:

Date:

Thursday, 27 July 2023

Time:

12:30 pm to 1:00 pm - Registration and Lunch

1:00 pm to 2:00 pm - Presentation 

Location:

Davis Polk Hong Kong office - 10/F, The Hong Kong Club Building, 3A Chater Road

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

 

Join our seminar on 20 July to better understand the anti-espionage law of the PRC and your potential risk exposure.

We will explore key aspects of the New PRC Anti-espionage Law and address issues such as:

(a)  An overview of the New PRC Anti-espionage Law;

(b)  Case Study of Espionage Activities; and

(c) Compliance Advice for Multinational Companies with Operations in China

Wayne WANG, Partner

Wayne Wang is partner of Zhong Lun Law Firm in Guangzhou office and a Registered Foreign Lawyer in their Hong Kong office.  He is admitted in mainland China, Hong Kong and Australia and used to work with the Australian law firm Allens in Shanghai and Hong Kong for 8.5 years prior to joining Zhong Lun as a partner in 2014.

Wayne has advised hundreds of MNCs on PRC legal issues for over 17 years, with extensive experiences in regulatory compliance, data security and government investigation.

He has been ranked as a “Leading / Recommended Lawyer” by Chambers Asia, International Financial Law Review, The Legal 500 and Asia Law for 13 times in recent years. 

Example of Client feedback provided by Chambers Asia: “Wayne’s strengths are his professional dedication and patience. In addition to legal professionalism, he is able to provide advice from the perspective of the client’s business needs and help with problem solving. He has no shortcomings. In future, we will prioritise working with him. His team is very professional.”

EVENT DETAILS:

Date:

Thursday, 20 July 2023

Time:

12:30 pm to 1:00 pm - Light Lunch and Networking

1:00 pm to 2:00 pm - Presentation and Q & A

Location:

Room 1, 14/F Fairmont House, 8 Cotton Tree Drive, Central, Hong Kong

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

The Hong Kong Stock Exchange published a consultation paper in February 2023 proposing a number of changes to the Hong Kong Listing Rules affecting issuers incorporated in the People's Republic of China ("PRC"). Such amendments are triggered by the implementation of new PRC regulations on overseas listings by domestic companies and the repeal of certain PRC regulations (including the Special Regulations on the Overseas Offering and Listing of Shares by Joint Stock Limited Companies and the Mandatory Provisions for Companies Listing Overseas and the Regulations) which came into effect on 31 March 2023.

This session will provide in-house counsel with an update on the latest development affecting the PRC issuers and share practical tips on ongoing compliance.

SPEAKERS

Christy Li, Counsel, Ashurst

Christy is a counsel in Ashurst's corporate practice in Hong Kong.

She has extensive experience advising on initial public offerings, privatisation and post-listing compliance matters for issuers listed or to be listed on Hong Kong Stock Exchange, as well as private equity, mergers and acquisitions, pre-IPO financings and other corporate matters. Her recent experience includes transactions for companies in the consumer & retail, healthcare, education, technology, financial services, as well as for investment funds.

Christy is admitted in Hong Kong. She is a native speaker of Mandarin, and is fluent in English and Cantonese.

Janny Tai, Counsel, Ashurst

Janny Tai is a counsel in Ashurst's corporate practice in Hong Kong.

Janny's practice covers a broad range of corporate transactions, including advising investment banks and corporations on initial public offerings, securities offerings, cross-border mergers and acquisitions and other corporate transactions. She also has extensive experience in advising listed companies on Hong Kong listing compliance and other regulatory matters.

Janny is admitted as a solicitor of the High Court of Hong Kong and Supreme Court of New South Wales and is qualified as a barrister and solicitor of the Federal Court of Australia. She is fluent in English, Cantonese and Mandarin.

Event details

Date: Wednesday, 5th July, 2023

Time: 1:00 pm to 2:00 pm

Location: Webinar links will be sent upon registration

CPD Points: CPD points have been applied for. Please note you need to be logged in for the full duration of the webinar to qualify for CPD points. Unfortunately, points cannot be applied for members who join the webinar via telephone link. Please use your full name when you join the webinar for CPD purposes.

 

The past year has seen an unprecedented surge of enforcement efforts by the Hong Kong Competition Commission, with increased regulatory scrutiny of competitor collaboration, abuse of dominance and restrictions within the distribution chain. These notably include the Commission’s first case against alleged resale price maintenance and a series of on-going investigations into exclusivity arrangements.

This session will provide in-house counsel with genuine real-world experience of Hong Kong Competition Commission’s investigations. Antirust specialists, Marcus Pollard and Kathleen Gooi from Linklaters, will offer their insights and share their recent experience on handling investigation processes and litigation in the Competition Tribunal. The session will provide practical guidance for ensuring compliance.

 

Marcus Pollard

Partner, Linklaters

Marcus is a partner and heads Linklaters’ Antitrust and Foreign Investment Group in Hong Kong. He was named Antitrust Lawyer of the Year (Under 40) by Global Competition Review in 2021.

He advises multinational companies on cartel and dominance investigations before the Hong Kong Competition Commission, as well as litigation before the Competition Tribunal. Notable precedent-setting “firsts” include advising on the first ever resale price maintenance case brought to the Tribunal, the first abuse of dominance investigation and competition proceedings in the Tribunal and the first cartel prosecution and subsequent proceedings in the Court of Appeal.

Marcus is a former in-house lawyer at the Competition Commission and currently serves as a Non-Governmental Advisor to the International Competition Network.

Marcus is recognised by legal directories with clients praising him as “one of the pioneers of Hong Kong’s competition ordinance” in Who’s Who Legal and that “Marcus’ advice is always practical and reliable, and above all, he can understand and think from clients’ perspectives” by Legal 500

Kathleen Gooi

Associate, Linklaters

Kathleen Gooi has advised on a range of multinational and local companies in antitrust investigations in Hong Kong and before the Competition Tribunal.  

Kathleen’s wide range of experience is based on her work both as a regulator and as a private practitioner, across Asia and in the UK. Kathleen spent nearly four years as a case manager at the Hong Kong Competition Commission before joining Linklaters. During that time, she managed a wide range of investigations on cartels, and assisted in the formulation of the Commission’s policies, including leniency and cooperation.

Kathleen is qualified in UK, Malaysia and Hong Kong.

EVENT DETAILS:

Date:

Thursday, 15 June 2023

Time:

12:30 pm to 1:00 pm - Light Lunch and Networking

1:00 pm to 2:00 pm - Presentation and Q & A

Location:

Linklaters, 11th Floor, Alexandra House, 18 Chater Rd, Central

CPD Point(s):

Hong Kong qualified lawyers are eligible to receive 1 CPD point for this seminar, subject to approval from the Law Society of Hong Kong.

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