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Financial Services

Why choose Deacons for financial services legal advice?

Services offered include

Financial Services

Deacons' Financial Services Group is a market leader in Hong Kong in terms of size, depth of client base and range of funds we have established. Our focus is on clients with interests in investment/asset management, insurance, securities and futures trading, provident/retirement schemes, private banking services and trusteeship/custody.

Why choose Deacons for financial services legal advice?

We have strength and depth of knowledge and experience across a broad range of fund structures. Our Financial Service Practice Group has been ranked first-tier for the past seven years by Asia Pacific Legal 500 (2001-2007 editions), an annual independent survey of legal players in the Asia Pacific region published by Legalease.

We have established a dedicated team of practitioners within the Financial Services Group to handle funds and financial services matters relating to the People's Republic of China (PRC). The team advises on joint ventures, strategic alliances, compliance matters and fund establishment. With experienced Mandarin-speaking funds practitioners, we are also able to draw on the extensive experience of our China Practice Group and our representative offices in three PRC cities in establishing PRC operations and joint ventures.

We believe we have a reputation for obtaining authorisation for new and innovative investment products in a variety of jurisdictions. Members of the group acted for:

  • the first US funds to be authorised in Hong Kong;

  • the first French FCPs to be authorised in Hong Kong;

  • the first multi-manager fund to be authorised in Hong Kong;

  • the first multi-manager MPF scheme;

  • the first "Best of Breed" sub-advisory fund to be authorised in Hong Kong;

  • the first fund of hedge funds to be authorised in Hong Kong;

  • the first guaranteed hedge fund to be authorised in Hong Kong;

  • the first guaranteed fund with returns linked to a hedge fund index;

  • the first commodities futures funds to be authorised in Hong Kong;

  • the first "ethical" fund and the first "green" fund to be authorised in the UK;

  • the first Cayman fund to be offered to the public in Japan;

  • the first fund to be approved in Hong Kong for migration to the UCITS III regime;

  • the first A-share fund to be authorised in Hong Kong;

  • the first Global Agricultural Fund to be authorised in Hong Kong;

  • the first 130/30 fund to be authorised in Hong Kong; and

  • first actively managed closed-ended fund listed and traded on the Hong Kong Stock Exchange.

Services offered include:

  • Establishment and authorisation by the SFC of mutual funds and unit trusts for public sale in Hong Kong and follow on regulatory and compliance advice

  • Establishment of private equity, venture capital and other institutional investment vehicles

  • Preparation of discretionary investment management agreements and other documentation for asset managers and private banks

  • Applications for registration under applicable Hong Kong securities, futures and insurance legislation

  • Private placement advice for funds and other investment vehicles

  • Securities, futures and leveraged foreign exchange regulatory issues

  • Listing of mutual funds, unit trusts and close-ended investment companies

  • Establishment of pooled retirement products and corporate retirement schemes

  • Registration and compliance matters under the Mandatory Provident Fund Schemes Ordinance and the Occupational Retirement Schemes Ordinance

  • Regulation of insurance companies and insurance intermediaries

  • Acquisition and disposal of insurance companies and businesses

  • Preparation of custody and administration documentation for custodians and administrators

  • Insurance policy drafting and interpretation

  • General corporate and commercial matters for financial services organisation

  • Advising on prime brokerage arrangements, drafting of ISDA documentation and other derivatives documentation for hedge funds

For details of our dedicated Compliance Services, please click here.

 
   
Newsworthy

Guaranteed funds Deacons has authorised over the past two years raised over US$5 billion and include some of the most successful product launches ever in Hong Kong.

Deacons' financial service providers were engaged by the Hong Kong Government to advise on the introduction of the Mandatory Provident Fund Schemes Ordinance.

In September 2006, Deacons' Financial Services Practice Group won, for the third consecutive year, the Asian Legal Business "Hong Kong Investment Funds Law Firm of the Year".

Deacons’ Financial Services Practice Group has been ranked first-tier for the past seven years by Asia Pacific Legal 500 (2000/2001, 2001/2002, 2002/2003, 2003/2004, 2004/2005, 2005/2006 and 2006/2007 editions).

In the same publication, Rory Gallaher (partner) has been acknowledged twice as a leading lawyer in the area of Financial Services/Regulatory (2005/2006 and 2006/2007 editions).

 
 
Key Contacts
Rory Gallaher, [Hong Kong]
Susan Gordon, [Hong Kong]
Taylor Hui, [Hong Kong]
Jeremy Lam, [Hong Kong]
 
 
Knowledge
Cross Border Offerings of Retail Funds in Hong Kong and Australia - Streamlined Approvals to Come
Financial Services Newsletter, Issue 2 of 2008: May
Financial Services Newsletter, Issue 1 of 2008: January
Delegation Of Investment Management Functions
Financial Services Newsletter (Issue 4 of 2007: September)
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