Opinions & Analysis

    Market Risk

    Independent Amount – 10 Years and No Change Since Lehman Collapse

    By Matthieu Sachot | 19/09/2018

    Counterparties are exposed to material downside risk in posting collateral without restrictions on rehypothecation or non-segregation, says Matthieu Sachot at Chappuis Halder & Co.

    Supervision & Enforcement

    HKMA Endorses Benefits of Cooperation

    By Will Hallatt | 07/09/2018

    The HKMA’s guidance note expressly signals its desire to encourage and facilitate cooperation in investigations and enforcement proceedings, noting time, cost and resource savings for the regulator and institutions or individuals concerned.

    Cloud & Infrastructure

    The Use of Regulatory Sandboxes in Europe and Asia

    By Claus Christensen | 06/09/2018

    Asia presents a unique mix of technological advancements and interconnected economic and regulatory systems, which makes it the perfect environment for rapid business growth for fintech/regtech companies with ambitious goals.

    Anti-Money Laundering

    What You Need to Know About the EU’s 5th AML Directive

    By ComplyAdvantage | 05/09/2018

    The Fifth Money Laundering Directive (5MLD) will come into force on the 10 January 2020, with far-reaching impacts aimed at addressing weaknesses in the EU’s AML/CFT regime that have come to light since the enactment of 4MLD in June 2017.

    Cloud & Infrastructure

    The Time for Cloud in Financial Services

    By Krishan Chauhan | 29/08/2018

    Digital transformation of financial services is well underway, driving the demand for new and innovative solutions such as blockchain and artificial intelligence. These technologies require an ever-increasing set of computational power, storage, and analysis that can be seamlessly provisioned by the cloud.

    Alternative Markets

    The Future of Equity Crowdfunding in Hong Kong

    By Kristi Swartz | 29/08/2018

    Equity crowdfunding may not have specific regulations in Hong Kong, but it is potentially subject to restrictions and barriers to entry under existing rules. Yet, there is room to work alongside regulators to develop and test new products in this market.

    Cryptocurrency

    The Rise of the Crypto Hedge Fund: Opportunities and Challenges

    By Hannah Cassidy | 27/08/2018

    Cryptocurrency is fast establishing itself as a mainstream asset class, evident from the emergence of several new crypto hedge funds. However, given the complex regulatory and operational issues involved, it is important for firms to review crypto-related projects carefully and engage with regulators early to avoid costly surprises and delays.

    Data Privacy

    Cross Border Data Transfers – An Old Problem, With or Without GDPR

    By Peter Lancos | 21/08/2018

    The challenges GDPR introduces around Cross Border Data Transfers are not necessarily new problems. They do however make an existing problem just a bit more complicated.

    Cybersecurity

    Virtual Banks in Hong Kong: Bringing Risks and Opportunities To Asia

    By Kristi Swartz | 21/08/2018

    A new era of smart banking in Hong Kong is anticipated to begin at the end of this year with the establishment of virtual banks. Competent players will embrace enormous opportunities to challenge the city’s traditional banking model.

    Structural Regulation

    A New Era for Sino-Foreign Securities JVs

    By Benjamin Quinlan | 21/08/2018

    For foreign players looking to set up a securities business in China, effectively monetising the JV opportunity isn’t so straightforward, and necessitates an in-depth understanding and review of strategic, regulatory, financial, and operational considerations.

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