Hong Kong: Capital Adequacy/BASEL

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Banking: Duties of Banks and Lawyers in Non-Commercial Transactions
In the Hong Kong Court of Appeal case of Wing Hang Bank Ltd v Kwok Lai Sim & Others, the security document signed by the surety/security provider in a "non-commercial" transaction was set aside, the bank’s claim against the security provider was dismissed and judgment was entered against the solicitors acting for both the bank and the surety/security provider for breach of duty of care as solicitors.
Hong Kong Finance
AW
Angela Wang & Co.,
Article
Banking Law – Charges Over Book Debts may no Longer be Fixed Charges in Hong Kong
In order to obtain finance from banks or lenders, Hong Kong companies will often create a charge over their assets by way of a fixed or a floating charge. In Hong Kong, like in most common law jurisdictions, a charge is a fixed charge if it is a charge over a specific or definite property (e.g. real property or machinery) and the company is restricted as to how it deals with those assets.
Hong Kong Finance
AW
Angela Wang & Co.,