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 :

cross-border banking and loan transactions between Hong Kong and Mainland China;

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;

setting forms for the daily operation of banks and finance companies;

devising and updating security documentation for banks and securities companies;

project financing and syndicated lending;

advising banks and securities companies on regulatory and compliance matters in relation to banking, securities and regulated activities;

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;

debt re-structuring and standstill arrangements;

advising on the sale and purchase of financial institutions and finance companies;

applying for banking and securities licences for financial institutions.

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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