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Timothy Loh
 
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Tel: +852 +852 2899 0190
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Hong Kong
By Timothy Loh, Gavin Cumming
Hong Kong is a premier centre for hedge fund management in Asia, boasting easy access to North Asia deal flow, world-class infrastructure, an internationally regarded regulatory framework and a relatively benign tax environment.
By Timothy Loh
The Stock Exchange of Hong Kong (“SEHK”) recently announced that companies whose financial situation has been temporarily and adversely affected by the current economic downturn may nevertheless qualify for listing even though they do not strictly meet the minimum profit track record.
By Timothy Loh, Henri Arslanian, Gavin Cumming
Acquisitions of financial services firms are governed in Hong Kong by a patchwork of laws and regulations. Each sector of the industry has its own governing laws and regulators, each with different requirements.
By Timothy Loh
Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined.
By Timothy Loh, Howard Burchfield III, Gavin Cumming
The past few months have seen major developments in the approach taken by the Securities and Futures Commission in regulating the sale of investment products, including mutual funds, unit trusts and structured products.
By Timothy Loh, Howard Burchfield III
Recent shocks to the financial markets as well as deteriorating economic conditions have brought insolvency issues sharply back into focus.
By Timothy Loh
The collapse of Bear Sterns, Lehman Brothers and Merrill Lynch globally and the collapse of Opes within the Asia Pacific Region have brought to the forefront the risk of prime broker default. In the aftermath of these collapses, what steps can hedge funds take to manage the risk of this important counterparty relationship?
By Timothy Loh
Whilst the objectives of restricting insider dealing are widely accepted and the conceptual framework is clear, Hong Kong statutory prohibitions on insider dealing can raise practical problems for hedge fund and private equity managers in their day-to-day activities. In this article, we summarize the relevant law and set out examples of common problems.
By Timothy Loh, Gavin Cumming
Asset managers and their legal advisers generally assume that investment funds (e.g. unit trusts) that are intended to be marketed to the investing retail public in Hong Kong must be authorized by the Securities and Futures Commission ("SFC") pursuant to one of the applicable codes issued by the SFC. Our research shows that this may not be so.
By Timothy Loh, Gavin Cumming
Hong Kong is a premier centre for hedge fund management in Asia, boasting easy access to North Asia deal flow, world-class infrastructure, an internationally regarded regulatory framework and a relatively benign tax environment.
By Timothy Loh, Gavin Cumming
Proposed changes will reduce regulatory burdens by dispensing with pre-vetting by the SFC of a wide range of notices and advertisements issued by collective investment schemes authorized by the SFC.
By Timothy Loh
On December 3, 2007, after several years of discussions, the Stock Exchange of Hong Kong introduced third party clearing.
By Timothy Loh, Howard Burchfield III
Private equity firms who wish to take such companies private will face an increasingly difficult environment.
By Timothy Loh, Howard Burchfield III
A recent decision of the Hong Kong Court of Appeal has raised the issue of whether disciplinary proceedings against licensed and registered persons are civil or criminal in nature.
By Timothy Loh, Howard Burchfield III
Licensed and registered persons generally prefer to work with the SFC rather than against the SFC. Nevertheless, circumstances may arise where the SFC adopts a hostile posture or takes a position that is commercially undesirable. While it is the rare licensed or registered person who is unafraid to challenge the SFC, the past 4 years have demonstrated that where the SFC acts unreasonably, a remedy may be available through the SFAT. In this article, we review strategies for challenging the SFC th