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  • 28 de Fevereiro, 2022
  • By dicarsio
  • Sem categoria

Investment Advisory Agreement Hk

The SFC does not license or regulate all “investment advisors”. The term “investment advisor” is a generic and indefinite term commonly used to describe intermediaries (individuals or companies) who sell and advise financial products such as securities, insurance contracts, mortgages and deposits. These investment advisors are subject to different regulatory regimes depending on the nature of the specific activities they carry on. We support financial advisors in setting up and structuring their business in Hong Kong and assist in the drafting of shareholder and employment contracts. There are three main groups of investment advisors in Hong Kong: (1) SFC-licensed intermediaries, (2) banks, and (3) insurance intermediaries. Charltons can also assist financial advisors with CFS investigations, law enforcement and disciplinary matters. Our experience includes advising SFC-licensed companies on employee misconduct and advising financial intermediaries on a possible unauthorized sale of investment products and carrying out “regulated activities” without an appropriate license. We offer our clients an insightful and highly personalized service and strive to provide legal advice on complex issues in plain language. Charltons can provide financial advisors with legal advice and a range of legal services. We have experience with SFC licensing requirements and investment advisory agreements. We assist financial advisors in the drafting of investment advisory contracts and other client contracts. We advise financial advisors on their ongoing obligations as licensed persons, update compliance manuals, policies and procedures to reflect the evolving regulatory and compliance framework of financial intermediaries in Hong Kong, review internal control systems (p.B regarding record keeping and human resources), and suggest corrections for identified deficiencies. We assist you in establishing customer acquisition procedures, in particular “know your customer” and anti-money laundering policies, as well as procedures for verifying the status of a professional investor.

We can also advise financial advisors on the regulatory implications of offering investment products in Hong Kong. We have a dynamic financial markets practice with extensive experience in negotiating underwriting and investment agreements related to IPOs and follow-up offers on both the lead board and the Hong Kong Stock Exchange`s Growth Enterprise Market (GEM). Our M&A team advises on the restructuring of financial groups involving financial advisory firms, as well as on mergers and acquisitions and equity financing transactions where financial advisors act for a specific buyer, seller or investor. Banks that are registered by the SFC in accordance with the Securities and Futures Regulation may also engage in the regulated activities of advising or trading securities or futures. The Hong Kong Monetary Authority (HKMA) is the supreme regulatory authority of banks and their advisory/sales staff. To check whether bank employees are authorized to engage in regulated activities, you can consult the “AI Securities Personnel Register” on the HKMA website. Charltons provides effective advice to investment advisors, corporate finance advisors, investment research firms, financial planners and other financial advisors in all areas of their business and throughout the life cycle of their business. If you are not satisfied with any aspect of an investment advisor`s behaviour, you can file a complaint. The first step is to discuss the issue directly with the company you were dealing with.

If you are not satisfied with the answer, you can go to the regulatory authorities. (a) compliance with or compliance with the rules for listing securities on the Hong Kong Stock Exchange or the SFC codes for acquisitions, mergers and repurchases of shares;. The lock is automatically unlocked while waiting 10 minutes. If you continue to exceed the SEC`s maximum allowable application rate during the expiration period, the duration of the expiration period will be extended. To ensure equitable access for all users, please reduce the rate of your requests and review SEC.gov after the 10-minute break expires. A company wishing to advise on securities must be licensed by the Hong Kong Securities and Futures Commission for Regulated Activities Type 4, which advises on securities (or, if it is an authorized financial institution regulated and registered by the Hong Kong Monetary Authority). “Securities advice” is defined as advice on the acquisition or disposal of securities or the issuance of analysis or reports for the purpose of facilitating decisions relating to such acquisitions or disposals. . Current policies limit each user to a total of no more than 10 requests per second, regardless of the number of computers used to send requests. To ensure that SEC.gov remains available to all users, we reserve the right to block IP addresses that make excessive requests. .

We advise you on SFC eligibility requirements, eligibility criteria and application procedures. We can indicate whether (and what type of) SFC licence is required on a case-by-case basis, whether the experience and qualifications of the proposed “controllers” are sufficient, and identify other issues that may arise during the application process. We will also coordinate the licence application process, including helping companies create business plans and compliance and operations manuals, working with clients to respond to CFS requests, and preparing applications for exemptions or exemptions to specific CFS licensing requirements. To verify whether a business or individual is authorized by the SFC to carry out regulated activities, you can consult the “Public Registry of Authorized Persons and Registered Institutions” on the SFC website. Note: We do not provide technical support for developing or debugging scripted download processes. A corporate finance advisor who wishes to act as a sponsor of companies wishing to be listed on the Hong Kong Stock Exchange or as a post-listing compliance advisor of a listed company must be authorized by the SFC to provide sponsorship work. This requires a minimum paid-up capital of HK$10 million. To ensure that our website works well for all users, the SEC monitors the frequency of requests for content SEC.gov to ensure that automated searches do not interfere with other people`s ability to access SEC.gov content. We reserve the right to block IP addresses that make excessive requests.

Current policies limit users to a total of no more than 10 requests per second, regardless of the number of computers used to send requests. For more information, see the SEC`s Privacy and Security Policy. Thank you for your interest in the U.S. Securities and Exchange Commission. . Your request rate has exceeded the maximum number of requests allowed per sec second. Your access to SEC.gov is limited to 10 minutes. A company wishing to act as a corporate finance advisor must be licensed (or, in the case of a licensed financial institution, registered) for the regulated activity of type 6, advice in the field of corporate finance.

This is defined as advice: if a user or application submits more than 10 requests per second, other requests from the IP address may be limited for a short time. Once the request rate drops below the threshold for 10 minutes, the user can continue to access content on SEC.gov. This SEC practice is designed to limit excessive automated searches of SEC.gov and is not intended or should not affect individuals browsing the website SEC.gov. (c) a listed company or a public limited company (or a subsidiary of both) or its directors or shareholders in connection with the restructuring of its securities (including the issue, cancellation or modification of the rights attached to the securities). Since ILAS and ILAS shares are neither securities nor futures contracts, selling or advising via ILAS are not regulated activities within the meaning of the Securities and Futures Regulation. Consequently, insurance intermediaries carrying out these particular activities must be authorised under the Insurance Regulation but not authorised by the SFC. .