Timothy Loh LLP is a market leading practice in private banking and private wealth management. Our practice is supported by our award winning practices in banking, financial services regulation, hedge funds, private equity and corporate finance.
Leveraging more than twenty years of experience serving clients in the financial sector, we have carved out a strong standing as the preferred firm for businesses in search of innovative legal guidance.
We advise private banks, private wealth managers and financial advisors in respect of their provision of private banking services, wealth planning, asset management, portfolio management and investment advisory services to private clients, including family offices and high net worth individuals.
WHAT WE CAN DO FOR YOU
Armed with deep insights into the private banking and wealth management industry, Timothy Loh LLP is ready to navigate you through the legal complexities with the following:
Regulatory Framework
We can advise you in complying with requirements under the following:
Securities and Futures Ordinance (“SFO”) and subsidiary legislation as well as the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission (“SFC”) and other guidelines issued by the SFC
Banking Ordinance (“BO”) and the Supervisory Policy Manual and guidelines issued by the Hong Kong Monetary Authority (“HKMA”)
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”) as well as related anti-money laundering and economic sanctions legislation
We have particular experience in advising on SFC licensing, local representative office, professional investor and suitability obligation related issues.
SFC Inspections & Audits
For SFC inspections and audits, we can help you with the following:
Preparing for an SFC inspection
Responding to SFC enquiries
Requests for information and documents
Our proactive approach in preparing clients for SFC inspections and audits embodies our commitment to integrity. We help you respond adeptly to SFC enquiries or requests for information and documents, minimizing the risk of adverse compliance findings.
AML & Economic Sanctions
We can assist you in complying with AML & economic sanctions regulations:
Customer due diligence (“CDD”) requirements to ensure compliance with know-your-client (KYC requirements)
Record keeping requirements
Reporting and secrecy obligations
Dealing restrictions and freezing of accounts
Compliance controls including in respect of account opening and ongoing monitoring
Client documentation including client agreements, questionnaires and other account opening documentation
Private Banking & Credit
We will provide comprehensive, tailor-made solutions covering the entire spectrum of private banking and wealth management activities.
These include:
Advising you on the establishment of a private bank or private wealth management advisory firm
Advising you on trading, clearing and custody operations
Advising you on the provision of credit and financing to private clients including preparing loan documentation and the taking of security (fixed charges, floating charges, mortgages, and other security agreements)
Employment related issues including employment agreements, non-compete, non-solicit and other restrictive covenants and termination of employment
The sale of private banking and wealth management operations
Disputes
We can advise you on resolution of disputes, whether actual, threatened or contemplated, in respect of:
Alleged mis-selling or breaches of fiduciary or other duties in the banking or advisory relationship
Enforcement of security and collection of outstanding amounts due as well as the defence of enforcement or collection action
Client complaints
Regulatory enquiries, investigations and enforcement action
Internal investigations
Our dedicated approach allows you to maintain and grow key client relationships, whilst staying on the right side of the law. This is through integrating our strong background in the business of private banking and wealth management with our deep experience in the laws of Hong Kong governing the industry.
grounded regulatory
COMPLIANCE
Regulatory Framework
We can advise you in complying with requirements under the following:
Securities and Futures Ordinance (“SFO”) and subsidiary legislation as well as the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission (“SFC”) and other guidelines issued by the SFC
Banking Ordinance (“BO”) and the Supervisory Policy Manual and guidelines issued by the Hong Kong Monetary Authority (“HKMA”)
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”) as well as related anti-money laundering and economic sanctions legislation
We have particular experience in advising on SFC licensing, local representative office, professional investor and suitability obligation related issues.
SFC Inspections & Audits
For SFC inspections and audits, we can help you with the following:
Preparing for an SFC inspection
Responding to SFC enquiries
Requests for information and documents
Our proactive approach in preparing clients for SFC inspections and audits embodies our commitment to integrity. We help you respond adeptly to SFC enquiries or requests for information and documents, minimizing the risk of adverse compliance findings.
AML & Economic Sanctions
We can assist you in complying with AML & economic sanctions regulations:
Customer due diligence (“CDD”) requirements to ensure compliance with know-your-client (KYC requirements)
Record keeping requirements
Reporting and secrecy obligations
Dealing restrictions and freezing of accounts
Compliance controls including in respect of account opening and ongoing monitoring
Client documentation including client agreements, questionnaires and other account opening documentation
creative financial
SOLUTIONS
Private Banking & Credit
We will provide comprehensive, tailor-made solutions covering the entire spectrum of private banking and wealth management activities.
These include:
Advising you on the establishment of a private bank or private wealth management advisory firm
Advising you on trading, clearing and custody operations
Advising you on the provision of credit and financing to private clients including preparing loan documentation and the taking of security (fixed charges, floating charges, mortgages, and other security agreements)
Employment related issues including employment agreements, non-compete, non-solicit and other restrictive covenants and termination of employment
The sale of private banking and wealth management operations
pragmatic dispute
RESOLUTION
Disputes
We can advise you on resolution of disputes, whether actual, threatened or contemplated, in respect of:
Alleged mis-selling or breaches of fiduciary or other duties in the banking or advisory relationship
Enforcement of security and collection of outstanding amounts due as well as the defence of enforcement or collection action
Client complaints
Regulatory enquiries, investigations and enforcement action
Internal investigations
Our dedicated approach allows you to maintain and grow key client relationships, whilst staying on the right side of the law. This is through integrating our strong background in the business of private banking and wealth management with our deep experience in the laws of Hong Kong governing the industry.
Let us arrange an appointment with our award-winning lawyers for your case
Contact UsHOW WE OPERATE
Our pursuit of excellence anchors the firm’s sophisticated approach.
We blend professionalism with dedication, enabling us to provide exceptional legal services.
Our practices are encapsulated within these domains:
Compliance
Compliance
We help manage complex regulatory obligations. We advise on KYC, KYP, suitability obligations and compliance more broadly, handling everything from client onboarding controls to trade surveillance systems. We help ensure that you follow the SFO and the BO, and applicable HKMA and SFC directives as well as all obligations under Hong Kong's anti-money laundering and economic sanction laws.
Financing
Financing
Leveraging our extensive knowledge in creditor-debtor relationships and security arrangements, we offer advice on the provision of credit and finance to private clients. Our services range from enforcing security interests to preparing loan facility agreements.
Investigations
Investigations
We help to respond to regulatory enquiries, investigations and enforcement action. We conduct internal investigations to identify possible staff wrongdoing and coordinate the gathering of information to provide a robust response to any regulatory allegations of wrongdoing.
Disputes
Disputes
We help resolve disputes with professionalism. Whether it's client allegations of mis-selling, breach of fiduciary duty, or allegations of professional negligence or breaches of contractual duty, we work relentlessly towards an optimal resolution.
In Private Banking & Wealth Management, our practice has been recognised by:
“One of the World’s Leading Lawyers”
“Outstanding Practice”
“Leading Practice”
“Leading Individual”
“Firm Principal as Leading Lawyer”