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The Hong Kong Stock Exchange consults on reforming the connected transaction rules
27 May 2013
Publication
On 26 April 2013, The Stock Exchange of Hong Kong Limited (the Exchange) published two sets of consultation papers on reforming the connected transaction rules.
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SFC proposes to amend Professional Investor Regime and Client Agreement Requirements
21 May 2013
Publication
On 15 May 2013, the Securities and Futures Commission (SFC) published a Consultation Paper on the Proposed Amendments to the Professional Investor Regime and the Client Agreements Requirements (Consultation Paper).
Amongst other things, the SFC revisits the...
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Asian bank resolution regimes
21 May 2013
Publication
Clifford Chance, in conjunction with the Asia Securities Industry & Financial Markets Association (ASIFMA), has conducted a survey of eight key Asian jurisdictions to obtain an overview of the insolvency regimes and resolution powers available in relation...
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The rise of portability in European high yield bonds: Have bond, will travel
15 May 2013
Publication
High yield bonds have become increasingly attractive to sponsors in financings and, most importantly, refinancings. Sustained liquidity and growing investor demand, coupled with the reduced availability of new M&A credits, has driven the inclusion of flexible...
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SFC's board power under section 213 confirmed
15 May 2013
Publication
In a landmark ruling on 30 April 2013, Hong Kong’s Court of Final Appeal (CFA) dismissed Tiger Asia Management LLC’s (Tiger Asia) appeal brought against the Hong Kong Securities & Futures Commission (SFC), in which Tiger Asia, an off-shore hedge...
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MOFCOM's conditional approval of Marubeni/Gavilon and implications for mergers in the agricultural sector
7 May 2013
Publication
On 22 April 2013, the Ministry of Commerce of the People's Republic of China (MOFCOM) gave conditional approval to the acquisition of 100% of Gavilon Holdings, LLC by Marubeni Corporation. As with the recent conditional clearance of the Glencore/Xstrata merger,...
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Hong Kong Court again places reliance on contractual terms to dismiss mis-selling claim against Private Bank
15 March 2013
Publication
In the recent judgment of DBS Bank (Hong Kong) Ltd v San-Hot HK Industrial Company Ltd & HAO Ting, HCA 2279A/2008, released on 13 March 2013, Hong Kong's Court of First Instance (the CFI) has found in favour of DBS Bank (Hong Kong) Ltd (DBS), awarding...
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BCBS-IOSCO minimum standards for margin requirements for uncleared derivatives
7 March 2013
Publication
International regulators have now published a ‘near-final’ policy framework setting minimum standards for margin requirements for uncleared derivatives.
“Margin requirements for non-centrally cleared derivatives - Second consultative document”...
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The Asia Pacific Top Ten FCPA Enforcement Actions of 2012
24 January 2013
Publication
The Asia Pacific region remained a hotspot for US anti-corruption enforcement authorities in 2012. Six of the twelve corporate Foreign Corrupt Practices Act (FCPA) settlement agreements in the past year involved business operations in that region. In addition...
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SFC releases consultation conclusions on enhancing the regulatory regime of IPO sponsors
14 January 2013
Publication
On 12 December 2012, the Hong Kong Securities and Futures Commission published its consultation conclusions on enhancing the regulatory regime of sponsors. In this briefing, we discuss certain selected changes and proposals which may have a more profound...