Decision making within a company is usually carried out by the company’s board of directors (and sometimes the shareholders, where required). But what would happen if a director or shareholder loses mental capacity and the ability to make decisions? In this situation, how a business is run will typically be documented under the company’s governing […]
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Alex Canham
Partner, Herrington Carmichael LLP
The fire and re-hire practice has been used by many organisations over the past year to adjust to the ongoing pressures caused by the pandemic. British Gas and British Airways are just a few examples of high-profile organisations that have gained attention in the media for using this practice to make changes to their employee’s […]
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Alex Canham
Partner, Herrington Carmichael LLP
The decision-making rules and procedures that companies must follow are set out in the CA 2006 as well as in the company’s articles of association. Some companies also set out additional or clarify procedures in a shareholders’ agreement therefore, it is important to refer to all relevant documentation to ensure compliance. This article (the second […]
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Alex Canham
Partner, Herrington Carmichael LLP
Conducting company resolutions correctly is an important part of a company’s governance. Company resolutions are legally binding decisions made by company directors or the members (shareholders or guarantors) of a limited company.There are different types of resolutions which should be utilised in order to vote on various company matters and each type of resolution has […]
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Alex Canham
Partner, Herrington Carmichael LLP
On 17 June 2021, the Securities and Futures Commission (the SFC) and the Securities and Exchange Commission of Thailand (the SEC) announced that the Hong Kong-Thailand Mutual Recognition of Funds scheme (the MRF) had come into force. The scheme is governed by the Memorandum of Understanding concerning Mutual Recognition of Covered Funds and Covered Management […]
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Julia Charlton
Partner, Charltons
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Florbela Pires of Luiz Gomes & Associados. Florbela has joined IR as our exclusive Banking & Finance Member in Portugal. Florbela Pires specializes in internal and cross border financial transactions and contracts. She has been advising credit institutions, financial companies and other […]
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Florbela Pires
Partner, Luiz Gomes & Associados
In a matter of a few years, we have another employment law matter before the High Court of Australia dealing with alleged ‘freedom of speech’ at work. The High Court in its earlier decision of Comcare v Banerji [2019] HCA 23 held that a public servant did not have an untrammelled freedom to criticise their employer by […]
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Norman Donato
Partner, Bartier Perry Lawyers
On 21 May 2021, Hong Kong’s Financial Services and Treasury Bureau (the FSTB) published its Consultation Conclusions on legislative proposals to enhance anti-money laundering and counter-terrorist financing (AML/CTF) regulations in Hong Kong1 (Consultation Conclusions) in respect of Hong Kong dealers in precious metals and stones (DPMS). These Consultation Conclusions are made in response to the […]
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Clinton Morrow
Partner, Charltons
On 21 May 2021, Hong Kong’s Financial Services and Treasury Bureau (the FSTB) published its Consultation Conclusions on legislative proposals to enhance anti-money laundering and counter-terrorist financing (AML/CTF) regulations in Hong Kong1 (Consultation Conclusions) in respect of Hong Kong dealers in precious metals and stones (DPMS). These Consultation Conclusions are made in response to the […]
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Julia Charlton
Partner, Charltons
On 21 April 2021, European Commission released a proposal for a new regulatory package for Artificial Intelligence (AI). The proposal comprises three main acts, each having a different purpose related to the implication of AI technology for business and communities. The main proposals for regulations are: Regulation Laying Down Harmonised Rules on Artificial Intelligence (Artificial […]
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Madalina Hristescu
Partner, Hristescu & Partners
On 26 February 2021, the High Court dismissed the application by Bolina Holding Co., Ltd. (Bolina) for leave to apply for judicial review of the decision of the Listing Review Committee of the Stock Exchange of Hong Kong Limited (HKEX) on 4 November 2020 to cancel the company’s listing for failure to satisfy the conditions […]
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Julia Charlton
Partner, Charltons
On 26 February 2021, the High Court dismissed the application by Bolina Holding Co., Ltd. (Bolina) for leave to apply for judicial review of the decision of the Listing Review Committee of the Stock Exchange of Hong Kong Limited (HKEX) on 4 November 2020 to cancel the company’s listing for failure to satisfy the conditions […]
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Clinton Morrow
Partner, Charltons