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BANKING AND FINANCE
Banking work has always been the backbone of our
services. Our Banking Finance Department serves a large number of
financial institutions in Hong Kong and China and we are on the approved
list of over 50 banking institutions in Hong Kong.
Work covers :
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cross-border banking and loan transactions between
Hong Kong and Mainland China;
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acting for oversea financial institutions in
connection with their foreign loan transactions as their Hong Kong
legal counsel on matters and security relating to Hong Kong;
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setting forms for the daily operation of banks and
finance companies;
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devising and updating security documentation for
banks and securities companies;
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project financing and syndicated lending;
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advising banks and securities companies on
regulatory and compliance matters in relation to banking, securities
and regulated activities;
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taking enforcement actions on securities for banks
and finance companies and advising banks on regulatory and compliance
issues in relation to enforcement of listed securities;
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debt re-structuring and standstill arrangements;
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advising on the sale and purchase of financial
institutions and finance companies;
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applying for banking and securities licences for
financial institutions.
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Lawyers in our Banking Finance Department are
active in advising various banking institutions in Hong Kong and China on
banking and compliance matters.
Indeed, various banks in Hong Kong including note-issuing banks
foreign banks and Chinese banks operating in Hong Kong frequently
instruct our firm to advise them on their various banking products and
services and compliance matters, such as the Code of Banking Practice,
Listing Rules compliance, SFO-related issues, secured and unsecured
lending, cross-border lending, RMB business, anti-money laundering, use
of personal data, and undue influence.
With the implementation of the PRC policy of Closer
Economic Partnership Arrangement (CEPA) between Hong Kong and Mainland
China, we have assisted two Hong Kong based banks in their application
for banking licences to operate in Mainland China. We have also advised
an international banking institution in Hong Kong in its joint venture in
China to establish a nation-wide joint stock bank in Tianjin, and our
services included review of various PRC banking laws and compliance
regulations which may affect the international banking institution’s
practice and operation in China.
As offshore banking and lending business in Macau
and Mainland China increases, we also frequently act for banks in Macau
and the offshore banking departments of domestic banks in Mainland China
as their external legal counsel for legal services relating to Hong Kong
companies, including companies listed in Hong Kong.
Indeed, in recent years, cross-border lending
transactions are in keen demand and we frequently act for banks in Hong
Kong and Mainland China for cross-border transactions. The locations of the PRC projects
vary and they include Shenzhen, Guangzhou, Zhongzhan, Shanghai, Beijing,
Tianjin, Ningbo, Nanjing, Chongqing, Shantou etc.
Lawyers in our Banking Finance Department also
advise banking institutions and listed companies in Hong Kong on
corporate governance relating to Listing Rules and SFO-related compliance
such as financial assistance, on-going disclosure obligations and insider
information and market misconduct issues.
In the last few years, lawyers in our Banking
Finance Department have been actively advising banking institutions,
individuals and corporations jointly with lawyers from our Litigation and
Dispute Resolution Department in multi-million dollar standstill and debt
re-structuring arrangements, assets disposal and assignment of
non-performing loans, involving loan assets and securities located in
Hong Kong and China.
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