Regulatory Challenges

Having the right fund strategy available at the right time for the right investors is one of the key challenges facing asset managers. In Hong Kong, asset managers must ensure that they comply with the suitability requirement contained in the Code of Conduct for Persons Licensed by or Registered with the SFC as they seek to distribute their funds. The suitability requirement is considered by the SFC to be a cornerstone of investor protection and compliance with the suitability requirement is not a box ticking exercise. In times of volatile markets, clients will question if the fund they invested in was suitable for them.

Duncan Watt, Consultant, Financial Services Disputes and Investigations will provide an overview of the current law, the direction of travel by the courts and the SFC on the suitability requirement and practical examples of good and bad practice in the area.

Structuring Challenges

Paul Moloney, Partner, Asset Management and Regulatory and Helen Wang, Senior Associate, Asset Management and Regulatory will then consider the challenges when structuring funds which are seeking to raise money from investors on a global basis. They will focus on the structuring issues with distributing to professional investors in Asia, Europe (post AIFMD and Brexit) and the US.

Speakers:

Paul Moloney is a Partner in Eversheds Sutherland and leads the asset management and regulatory team in Hong Kong. He has extensive experience in advising clients on the establishment of and listing of investment funds in Europe and in offshore jurisdictions. Paul advises clients on Hong Kong licensing and regulatory matters and on the cross border distribution of funds.

Helen Wang is a Senior Associate (Registered Foreign Lawyer – New South Wales, Australia) in the asset management and regulatory team in Hong Kong. Her practice focuses on all aspects relating to the formation, maintenance and restructuring of offshore investment funds, including private equity funds, hedge funds and hybrid funds. Helen has advised asset managers, banks, state owned enterprises, professional trustees and fund administrators, as well as family offices and start-ups, across the Asia Pacific region in Mainland China, Hong Kong, Taiwan, Japan and Australia.

Duncan Watt is a Consultant specialising in financial services disputes and contentious regulatory issues. Duncan advises on all aspects of financial markets disputes including disputes involving alleged breaches of mandate, breaches of investment restrictions, suitability, investment advice and misselling. He also regularly advises investment banks and brokers on issues arising out of the closing out of clients' positions, termination and default of derivatives trades, asset tracing and international enforcement

Please note these sessions are open to managers only and there is a limit on the number of attendees per firm.
To register please contact [email protected]

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