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What derivatives practitioners need to know about the New Companies Ordinance 

12 November 2013

Registration: 12:30
Start: 12:45
Finish: 13:45
Lunch will be provided.

Seminar description
The seminar will bring you up to speed on the New Companies Ordinance and talk you through how the new legislation will affect you as a derivatives practitioner.  

Some of the questions we will explore include:

  •  Capacity and authority:
      • Do we still need to conduct capacity/authority checks for derivatives?
  • Execution:
      • How can a deed be executed by Hong Kong corporates without a common seal?
  • Charges:
      • What types of charges will have to be registered? 
      • What will be the new timing for registration? 
      • What information will be made public? 
      • What will be the consequences of failure to register?
  • Financial assistance:
      • What will be the exceptions to the general prohibition against financial assistance?
      • What will be the effect of unlawful financial assistance?
      • How does the new exception affect my corporate derivatives transactions?
  • Director’s duty of care skill and diligence:
      • What will be the standard of care expected of directors?
  • Proposed insolvency law reforms:
      • What clawbacks will apply?
      • Will they affect enforceability of netting and collateral arrangements?

Chin-Chong Liew, Partner
I-Ping Soong, Counsel

Linklaters LLP
One 10/F, Alexandra House
Central, Hong Kong

One Law Society of Hong Kong accredited CPD point has been applied for.