HKEx Announces Move to T+2 IPO Settlement Under FINI Plan
HKEx has announced that it will proceed moving IPOs to a “T+2” settlement timetable under its “Fast Interface for New Issuance” (FINI) plan. This shift is a slight change to the original T+1 settlement plans proposed in the HKEx concept paper published in November 2020, but nevertheless a significant improvement on the current process, which generally results in IPOs in Hong Kong settling on a T+5 basis.
The plan will require IPOs to follow the new T+2 timetable unless a company obtains a waiver from HKEx. The new timetable requires that:
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Compliance, Culture And Evolving Regulatory Expectations, Speech By Mark Steward, UK Financial Conduct Authority Executive Director Of Enforcement And Market Oversight, Delivered At NYU Law School Date
Event: NYU Law School (Virtual)
Delivered: 31 March 2021
Highlights
The Senior Managers Regime (SMR) has changed the way firms allocate responsibilities, align those responsibilities to relevant controls and ensure oversight as to how these controls operate down the line.
The 5 Conduct Questions (5CQ), which start with ‘tone from the top’, are increasingly focussing on ‘tone from within’ which requires every person in an organisation to be personally accountable and engaged.
Every employee of a regulated firm is subject to individual conduct rules, which impose broad obligations.
SFC issued a bulletin regarding issues relating to the Codes on Takeovers, Mergers and Share Buybacks (the
Takeovers Code), which includes the following highlights:
Identifying All Relevant Regulatory Approvals for Completion of Offers
SFC reminded offerors, offeree companies and their respective advisers that sufficient and thorough due diligence should be conducted at the outset of a transaction so that all regulatory approvals required for the completion of offers are identified early and disclosed appropriately in line with Rule 3.5(e) of the Takeovers Code. Failure to do so can cause numerous problems, for example, unnecessary delays in the offer timetable or locking up shareholder shares pending regulatory approvals (where discovered and disclosed after the shareholders have accepted an offer). Furthermore, if a particular regulatory approval is not specifically disclosed in the firm intention announcement, SFC may not allow such condition to be invoked under Note 2 to Rule
Directors and officers liability insurance
(
D&O insurance ) can help to ensure
that directors and other officers of companies listed on the Stock
Exchange of Hong Kong Stock Exchange (
SFC ). With corporate
misfeasance a top priority for SFC enforcement, it is not uncommon
for directors of HKSE listed companies to receive enquiries from
the SFC to determine whether they have properly handled price
sensitive information or have otherwise carried out their duties to
ensure proper supervision of their companies. In this article, we
provide an overview of D&O insurance policies
(
D&O policies ) in the context of
coverage for directors and other officers of HKSE listed companies