We read news about cyber fraud much often than we did a decade ago. With the advancement of online bank transfer, a simple click on your smart phone enables instant transfer of monies. A common pattern we observe is fraudsters taking advantage of this technological development to easily access email accounts or instant communications and… Continue reading Caught Between Disclosure for Justice and Customer Confidentiality – The Role of Banks in Cyber Fraud
For foreign lawyers or expatriate families not familiar with French inheritance laws, but with assets in France, it is important to be aware of the existence of the forced heirship rule provided by articles 912 and following of the French Civil Code. According to this rule, some heirs, namely the deceased’s children and in some… Continue reading New French Law Increasing Protection Provided by the Forced Heirship Rule
With the COVID-19 pandemic, more and more companies have adopted remote work. Employees may choose not to go back to the office, but work from home virtually. In an interview, Bill Gates mentioned that “remote working would only pull more people into the metaverse.” Metaverse? In simple words, the metaverse is a virtual office space with… Continue reading Is Your Next Office in the Metaverse?
Working hours in Hong Kong are notoriously long and demanding. It may therefore come as no surprise that Hong Kong was recently ranked 45th out of a list of 50 cities in work-life balance and was ranked overall as the top overworked city. With modern technology enabling employees to have access to work resources remotely, some… Continue reading Think twice before asking your employees to remain on call 24/7 on a statutory rest day
With the advancement of technology, we become more and more familiar with online payment and transaction. At the same time, the convenience of Internet transfer brings along the acceleration in the number of multiple-jurisdictional cyber fraud cases. In this article, we wish to share our observations from cases that we have worked on and provide… Continue reading It Takes Two to Defraud – How to Mitigate Losses and Prevent Receiving Dirty Money
The Employment Bill of 2019, passed by Hong Kong’s Legislative Council, introduced new maternity benefits for female employees, which are aimed at improving their welfare. On December 11, 2020, the Employment (Amendment) Ordinance 2020 took effect, increasing the mandatory maternity leave from 10 to 14 weeks. The Hong Kong Labour Department also announced that employers can now… Continue reading Changes to Maternity Leave in The Employment (Amendment) Bill 2019
Employment law issues in relation to COVID-19 are currently at the forefront with the unemployment rate constantly reaching its peak in view of the financial and operational difficulties posed by the pandemic on businesses. Small businesses are peculiarly vulnerable under the pandemic given the cashflow shortage and decreasing revenue with dampening consumer sentiment and the… Continue reading Unpaid Leave under COVID-19 – Is it Legal in Hong Kong?
In September 2020, the Securities and Futures Commission (SFC) announced changes to the open-ended fund companies (OFC) regime. This provides interested parties with a new option in terms of company structure and could potentially contribute to the provision of a broader range of investment products in Hong Kong. What is an OFC? An OFC is… Continue reading Hong Kong’s Newest Open-ended Fund Companies Regime
The shareholders’ agreement is a key legal document that regulates the affairs of the company. If you are a founder of a startup that is about to enter its first round of fundraising, you can expect that your investors will be keen to enter into a shareholders’ agreement with you that sets out the roles… Continue reading What can you do with a Shareholders’ Agreement?
Malaysia is experiencing a dramatic surge in COVID-19 cases with over 8,000 cases per day recently, and with over 70,000 active cases nationwide. ‘Total lockdown’ Amidst a third wave of COVID-19, Malaysia is under its third round of movement control order (MCO 3.0) since 12 May 2021. In view of the new variant of COVID-19… Continue reading Malaysia in Lockdown – What You Need to Know
A joint venture (“JV”) is a business entity formed by two parties sharing similar vision and goal to develop a business. This joint entity is usually formed to achieve broader business opportunity. A typical example is where a company with good reputation in the local market envisions to expand its business to a foreign market.… Continue reading Forming a Joint Venture with a Foreign Company
With more people feeling fed up with a day job and choosing to create a dream career of their own by entrepreneurship, it also means navigating a very different playing field hands-on rather than having most administration taken care of as an employee. The most common area of confusion for most early entrepreneurs is the… Continue reading The commercial marriage of starting a business with friends – Are you a director, a shareholder, or both?
In the 21st century, Malaysia is seeing an emerging trend in digitalisation and e-commerce, also and to many as one of the revolutionary catalysts – ‘electronic wallets’ (e-wallets). It is a software-based system that securely stores users’ personal information, account details and payment information. Such information is encrypted and protected with a 24/7 fraud detection engine… Continue reading Malaysia Topping as Cashless Society and E-wallets
With the latest spike in COVID cases, several news outlets have reported on Hong Kong government policy in the event a child or the parents test positive for COVID. We first addressed this issue in August 2020 after receiving several inquiries seeking assistance to plan for this contingency. Under the Prevention and Control of Disease… Continue reading Children and COVID-19: Isolation Orders and the Prevention and Control of Disease Ordinance
Equity financing generally means raising capital through the sale of shares, a stake of ownership in a company, in return for upfront funding, which is one of the common ways for a company to raise funds from investors. Based on our first-hand experience, this article intends to help founders and investors understand four key issues… Continue reading Four Things to Note in Equity Financing
At JC Legal, we take pride in serving matrimonial clients from a variety of backgrounds. In our experience, no matter where you come from or your financial situation, when it comes to divorce, the questions are often the same for everyone. We do not have children, agree on the divorce, and know how we want… Continue reading [Matrimonial FAQ] The How of Divorce
Founder fallouts are not uncommon for startups, especially when things don’t go smooth. It can happen to the best of friends. What really happens when one of your co-founders leaves depends on how prepared and how well thought out you are at the conception of your startup company. In short, a carefully devised vesting schedule… Continue reading What happens if one of the co-founders of my startup leaves?
At JC Legal, we take pride in serving matrimonial clients from a variety of backgrounds. In our experience, no matter where you come from or your financial situation, when it comes to divorce, the questions are often the same for everyone. What are the grounds of divorce in Hong Kong? There is only one ground… Continue reading [Matrimonial FAQ] Considering Divorce
Il fut un temps, pas si lointain où les cadeaux n’arrivaient «que» deux Il fois par an: aux anniversaires et à Noël. Un temps où il n’y avait pas de visites régulières dans les centres commerciaux pour se réapprovisionner en jouets. On pouvait parfois compter sur une surprise de mamie ou d’un autre membre de… Continue reading Le Père Noël porte-t-il un masque?
Like many children our age, presents “only” came twice a year: birthdays and Christmas. There were no random visits to malls to update our supply of toys. Sure, there was the occasional surprise by a visiting gramma or relative, but the marker of the kid-year was your birthday as the warm-up with Christmas being the… Continue reading Does Santa Wear a Mask?
Facing the holidays under the threat of masks, hand sanitisers, and lockdown, it might be tough to feel excited about welcoming Santa into our homes, especially as we consider the experience of the little ones around us. If we compare our own happy holiday memories filled with family to those of the ones our little… Continue reading Cousins and Friends During the Holidays
What counts as a trademark? A trademark usually takes the form of a logo or sign that would serve as distinctive corporate identity. It may consist of text and numbers, as well as more intangible elements such as colour, sound, smell and shape. The full definition according to the Intellectual Property Department (IPD) of Hong Kong is… Continue reading Protect Your Brand – FAQ on Trademark Registration in Hong Kong
Les Fêtes de fin d’année sont un moment privilégié pour la famille au sens large. Pour certains, c’est parfois la seule occasion dans l’année de se voir. Ces souvenirs sont précieux. Vos petits-enfants, nièces ou neveux n’auront cinq ans qu’une seule fois et ils grandissent si vite. Pour créer des souvenirs de famille amusants pendant… Continue reading Mamies et Papis! Oncles et Tantes!
The holidays are a special time for the extended family. For some, it may be the one time a year they get to see the little ones. And those memories are precious. Your grandchild or niece or nephew will only be five once and they grow so terribly fast. To create some fun family memories… Continue reading Grandmas! Grandpas! Aunties! Uncles!
A l’approche des fêtes de fin d’années, il semble difficile pour de nombreuses familles de se projeter et de pouvoir planifier comment et où se passeront ces fêtes sur fond de pandémie. Dans les familles dont les parents sont divorcés, il est très compliqué de pouvoir appliquer et respecter le droit de visite et d’hébergement… Continue reading Fêtes de fin d’année et Coronavirus
With the holidays approaching, many families are making difficult decisions on how to celebrate in the midst of the pandemic. For folks who have pre-arranged visitation agreements, particularly in cross-border matters, plans that have been set in place and agreed may get disrupted. With waves of virus increasing in some jurisdictions and mandatory quarantines in… Continue reading Cross-border Christmas Celebrations and Coronavirus
Rental Waivers or Reductions To reduce overhead costs, a 6-month waiver on rental payments has been granted on all premises owned by the Federal Government or their agencies. Similar waivers or discounts are granted to SMEs in the retail sector if they operate in premises owned by a government-linked company. Government-Linked Companies (GLCs) such as… Continue reading [Utilities] Economic Stimulus Packages in Malaysia
Wage Subsidy Program The Wage Subsidy Program was introduced by the government under the second stimulus package to prevent large-scale retrenchment by funding a portion of the employees’ wages and to ensure that businesses remain sustainable. Available to all businesses regardless of nature or size, the government will contribute between RM600 and RM1,200 per month… Continue reading [Employment] Economic Stimulus Packages in Malaysia
The Inland Revenue Board of Malaysia has extended the submission deadline for a company’s income tax return form for the year of assessment (YA) 2019 whilst taxes which are due during the Movement Control Order period may be paid by or before 31 May 2020, without incurring any late payment penalties. Revisions to the estimates… Continue reading [Taxation] Economic Stimulus Packages in Malaysia
Many people are familiar with pre-nuptial agreements (“pre-nups”). Images of a crying bride being forced to sign a pre-nup on her wedding day are part of popular culture and scenes in movies. Truth be told, most pre-nups are signed before the Big Day. What many people do not know is that married partners can enter… Continue reading What is a Post-nuptial Agreement?
One-off special grant It is proposed that micro-SMEs would be entitled to a special grant amounting to RM3,000. In order to enjoy the above special grant, the micro-SME must be registered with the Inland Revenue Board of Malaysia and a list of eligible micro-SMEs would be obtained from the Local Authorities and Companies Commission of… Continue reading [Sector Focus: SME] Economic Stimulus Packages in Malaysia
The first economic stimulus package sought to alleviate the pandemic’s immediate impact upon the tourism industry. Incentives for the tourism industry include: Double tax deduction on expenditure incurred on training courses for employees 6-month deferral on the payment of monthly income tax instalments 6-month exemption of the hospitality industry from Human Resource Development Fund levies… Continue reading [Industry Focus: Tourism and Logistics] Economic Stimulus Packages in Malaysia
To date, three (3) economic stimulus packages totalling RM280 billion (USD63 billion) have been announced by the Malaysian government to mitigate the economic risks arising from the COVID-19 pandemic. This demonstrates the commitment of the government in prioritising the well-being of the Malaysian citizens while also ensuring the survival of businesses impacted by COVID-19. The… Continue reading Overview of Post-COVID-19 Economic Stimulus Packages in Malaysia
The world of e-commerce has grown exponentially and continues to grow at a rapid rate under the current circumstances. This presents entrepreneurs with opportunities to digitalise their business and expand to the global market. However, regulating a worldwide market means strict enforcement of the law to ensure fair practice and compliance. With that said, entrepreneurs… Continue reading 3 Legal Tips for E-commerce Entrepreneurs
On 27 February 2020, a public memorial for great Laker Kobe Bryant and his daughter Gianna was held at Staples Center, Los Angeles. Mourners gathered to honour the lives of Kobe and Gianna, who passed away in a helicopter accident along with seven passengers on 26 January 2020. Kobe’s wife, Vanessa Bryant, who made her… Continue reading Distribution of Kobe Bryant’s Estate: Comparison of Succession Laws in PRC and the United States
Hong Kong’s existing legislation for limited partnerships, the Limited Partnership Ordinance (“LPO”), has not been materially updated since its inception in 1912. It comes as no surprise that industry participants often regard the existing regime as outdated and insufficient to accommodate the operational needs of modern asset managers. As an initiative to strengthen the competitiveness of Hong… Continue reading A Glimpse Into the New Limited Partnership Fund Ordinance (LPFO)
The global manufacturing industry has been developing rapidly in recent years, entering an era of “Industry 4.0” where digital transformation dominates production lines. Malaysia, ranking 17th in the Global Manufacturing Competitiveness Index 2016, is surely a significant player in the game. Since the manufacturing industry is a crucial drive of the country’s economy, the government has launched various incentives to draw and retain foreign investors. The Malaysian Investment Development Authority (MIDA) is the statutory body in charge of foreign direct investment and… Continue reading Leveraging Government Incentives to Grow Your Manufacturing Business in Malaysia
Malaysia, as one of the most open economies in the world, emerges to be an ideal location for setting up a business. Strategically located in Asia, Malaysia has lower start-up costs compared to other Asia-Pacific countries, thus attracting increasingly more entrepreneurs to form their companies there. This article will outline some procedures for setting up… Continue reading The Practical Guide to Starting a Business in Malaysia
A Pre-nuptial Agreement (“PNA”) is a unique form of contract, but unlike most contracts, there is an emotional component to a PNA. In the business world, contracts are used to ensure the smooth sale of goods, to buy and sell real estate, or to obtain a promise to perform services. PNAs perform the same function, but the context is different. They… Continue reading What are the Challenges in Drafting a Pre-nuptial Agreement?
In the Hong Kong case of SPH v SA, the court ruled that, in general, the family courts in Hong Kong should honour any Pre-nuptial Agreement (“PNA”) freely entered into by both parties unless there are circumstances that would render enforcement of the PNA to be unfair to one of the parties. This decision was… Continue reading Are Pre-nuptial Agreements Valid in Hong Kong?
When dealing with French-Hong Kong cross-border marriages, the question that we get asked on a regular basis is: which is best when choosing between a French marital contract or a common law pre-nuptial agreement? It is safe to say that there is no clear-cut answer to this question: it all depends on the personal situations… Continue reading Choosing a Jurisdiction for Marital and Pre-nuptial Agreements of Cross-border Marriages between France and Hong Kong
Legal risks are inherent in the process of running a startup. Yet, for first-time entrepreneurs, it is often very difficult to be cognizant of potential legal pitfalls. It is nonetheless worthy to spend some time and resources to avoid legal complications that may lead to business disruptions in the future. Due diligence is a critical… Continue reading Identifying and Navigating Legal Risks for Startups
Charitable institutions with tax exemption status accorded by section 88 of the Inland Revenue Ordinance (Cap. 112) enjoy exemptions of stamp duty on transfer of any immovable property or Hong Kong stock, business registration fee, and profits tax on all their income which is solely applied for charitable purposes. Individual and business donors can also… Continue reading A Guide for Charities in Hong Kong to Obtain Tax Exemption Status Under Section 88 of the Inland Revenue Ordinance (Cap. 112)
In the wake of COVID-19 comes a shower of government-led incentives to accelerate digital transformation in the business world, including the highly anticipated Distance Business Programme with funding worth HK$500 million. While the epidemic as a driving force is a most unfortunate and costly one, it does urge decision makers, especially of small- and medium-sized enterprises… Continue reading Strategising Digital Transformation and Training Data-literate Teams for Business of Tomorrow
A Hong Kong, les familles se sont retrouvées à cohabiter à longueur de journées, des semaines durant, du fait du travail à domicile imposé et de la fermeture des établissements scolaires. Dans ces conditions, et du fait notamment de la petite surface des logements à Hong Kong, les tensions familiales sont exacerbées. Un certain nombre… Continue reading Ordonnances de Protection Judiciaires sur fond de crise sanitaire du COVID19 Comparaison entre les législations en place en France et à Hong Kong
As people have been working from home for weeks now and with children being home-schooled, things can get tense in the family home, especially in the small spaces we share in Hong Kong. A number of articles in SCMP, BBC, and CNN have featured articles indicating that there is an uptick in the number of… Continue reading Domestic Violence Orders Comparative Stance on Hong Kong and French Legislation amidst COVID-19 Crisis
In the last few weeks, we have had an increasing number of requests relating to the acquisition of French nationality or other kinds of ways to live legally in France. Some mixed couples living in Hong Kong have suddenly decided to call it a day after months of demonstrations followed by the situation imposed by… Continue reading Acquiring French Nationality by Marriage
Anti-epidemic Fund As our society copes with the coronavirus outbreak, the Hong Kong government has earmarked HK$287.5 billion in three rounds of measures to help alleviate the financial burden of businesses and individuals. Read this booklet with key measures on: Employment Support Scheme (wage subsidies); Distance Business Programme (further details to be announced soon); Subsidy schemes for food licensees and sectors of construction, retail, arts… Continue reading Resource Hub on Measures and Funding under COVID-19
As people have been working from home for weeks now and with children being schooled from home, things can get tense in the family home, especially in the small spaces we share in Hong Kong. A number of articles in South China Morning Post, BBC, and CNN have featured articles indicating that there is an… Continue reading Domestic Violence during COVID-19: Solutions for Affected Individuals
Judiciary and Government Family Court Registry Address: M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong Telephone: 2840 1218 Fax: 2523 9170 Website E-mail: firstname.lastname@example.org Legal Aid Department Telephone: 2537 7677 Fax: 2537 5948 E-mail: email@example.com Website | Opening Hours Social Welfare Department – Victim Support Programme for Victims of Family Violence Address: Flat 102-107, G/F, Choi Lam… Continue reading Resource Hub on Domestic Violence
Kimberly Ann Dasse, avocate en droit de la famille basée à Hong Kong, a préparé une série d’articles sur les procédures de divorce, examinant les principales étapes menant à la dissolution du mariage. Cette semaine, avec Sarah-Jane Tasteyre, avocate française exerçant à Hong Kong et au Royaume-Uni, elle compare l’obligation de déclaration d’informations financières à… Continue reading Envisager un divorce à Hong Kong et en France Informations financières
Hong Kong is deemed as an excellent place for carrying out business by many entrepreneurs not only because of its status as a leading global financial centre. Hong Kong’s simple tax system with low tax-rate, coupled with its world class infrastructure and proximity to the mainland Chinese market, have attracted numerous companies to establish their… Continue reading How to start your business in Hong Kong?
Ces dernières années, le nombre croissant de couples français s’installant à Hong Kong avec leurs enfants ou décidant d’y fonder leur famille, nous a amené à nous pencher à plusieurs reprises sur la question de la désignation des tuteurs pour nos enfants mineurs afin de faire face au décès de l’un ou des deux parents.… Continue reading La tutelle d’enfants mineurs: état des lieux durant la crise du covid 19
The increasing number of French couples settling down in Hong Kong with children or having children in Hong Kong has led us many times in the past to deal with the issue of legal guardianship and how to deal with it in the unfortunate event that one of the parents or both die. Concerns about… Continue reading Legal Guardianship of Children for French Citizens Living in Hong Kong during COVID-19
When dealing with a cross-border probate case, it is important to understand what the foreign law involved provides. This is the reason why, with the increasing number of probate cases involving French nationals residing in Hong Kong, we have made a brief introduction to the French inheritance process. There are many differences between civil and… Continue reading French Inheritance Law and Cross-border Probate in Hong Kong
Cette semaine, Kimberly Ann Dasse, avocate en droit de la famille à Hong Kong et Sarah-Jane Tasteyre avocate française exerçant à Hong Kong et au Royaume Uni comparent les exigences du droit hongkongais relatives aux causes du divorce et leurs implications éventuelles dans le cadre d’une procédure en France. A Hong Kong, il n’y a qu’un seul motif… Continue reading Envisager un divorce à Hong Kong causes du divorce
Kimberly Ann Dasse, a family law practitioner based in Hong Kong, and Sarah-Jane Tasteyre, a French Registered Foreign Lawyer based in Hong Kong and United Kingdom, compare the Hong Kong requirements of “grounds” and “facts” for divorce with the filing requirements in France. In Hong Kong there is only one ground for divorce: that the… Continue reading Considering a Divorce in Hong Kong: Ground, Facts and Comparison with French Proceedings
Kimberly Ann Dasse, a family law practitioner based in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union. Last week she covered grounds and facts of divorce. This week she covers financial disclosures. Once a petition is filed, the parties… Continue reading Considering a Divorce in Hong Kong: Financial Disclosures
Kimberly Ann Dasse, a family law practitioner based in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union. Last week she covered length of marriage and jurisdiction. This week she covers “grounds” and “facts” for divorce. In Hong Kong there… Continue reading Considering a Divorce in Hong Kong: Ground and Facts
Vous envisagez de divorcer à Hong Kong : remplissez-vous les conditions? Contrairement aux rumeurs qui circulent, tout le monde ne peut pas divorcer à Hong Kong. Il convient de rétablir la vérité. Bien au contraire, la loi et les tribunaux hongkongais exigent des personnes qui souhaitent divorcer à Hong Kong qu’elles établissent la durée de… Continue reading Conseils à L’Intention des Couples Français Résidant a Hong Kong qui Envisagent de Divorcer
Kimberly Ann Dasse, a family law practitioner at JC Legal in Hong Kong, has prepared a series of articles on divorce proceedings, examining some of the main steps on the path to dissolving a union. This week she covers length of marriage and jurisdiction required prior to filing a petition. Next week, she will examine… Continue reading Considering a Divorce in Hong Kong: Length of Marriage and Jurisdiction
On 15 March 2019, the National People’s Congress of China adopted the new Foreign Investment Law (the “Law”). It aimed to unify and streamline the framework of foreign investment in China, and build a market environment with stability, transparency, predictability and fair competition. The Law will take effect on 1 January 2020. How will the… Continue reading New Foreign Investment Law to Take Effect in China in 2020
In light of the rising economic openness of Malaysia, JC Legal joined hands with their associate partner firm in Malaysia to stage a fireside chat on the basics to establish and grow business presence in Southeast Asia. The seminar featured Malaysian lawyers Chai Chuan Long, Partner of real estate practice, Lew Choon Meng and Ong Yee Chee,… Continue reading Spice up Your Business in Southeast Asia
Citizens may, by making a will, bequeath their personal property in part or in full to the state, a collective or persons other than the statutory successors. However, in reality, there have been cases where successors lose their rights to inherit the estate due to a failure to indicate acceptance within the stipulated time frame.… Continue reading Legal Consequence of Failure to Indicate Acceptance of Legacy
On 8 October 2018, the Securities and Futures Commission of Hong Kong (“SFC”) and the UK Financial Conduct Authority (“FCA”) issued a Memorandum of Understanding (“MoU”) pursuant to which certain Hong Kong funds and UK funds may be distributed in each other’s market through a streamlined process. A stated purpose of the MoU is to… Continue reading New Collaboration Between the Securities and Futures Commission of Hong Kong and the UK Financial Conduct Authority
Shareholders’ disputes are one of the most common causes of business failures. It is particularly true when doing business in Asia, where foreign investors often face cultural differences, local commercial practices and specific legal requirements. Adopting a shareholders’ agreement can reduce such risks. Legally speaking, a shareholders’ agreement is a contract concluded between the founders… Continue reading What is a Shareholders’ Agreement and Why Adopt It?
Highlights of Requirements for Companies Seeking to List on the Hong Kong Stock Exchange Main Board 1. Financial Criteria (meet one of the three tests) Profit Test Profit ≥ HK$20 million for the most recent year, and aggregate ≥ HK$30 million for the two years before Market capitalisation ≥ HK$200 million at the time of listing… Continue reading Listing on the Hong Kong Stock Exchange Main Board A Guide for Biotech Companies
As the third largest economy in ASEAN in terms of GDP per capita in 2017, Malaysia has enjoyed close trade ties with Hong Kong over the years. Bilateral economic cooperation is set to strengthen with the advocacy of the Belt and Road Initiative promoted by the Chinese government starting from 2015, as the country falls… Continue reading Mastering the Game in Asia – Malaysia as an Export Hub
The Securities and Futures (Professional Investor) Rules (PI Rules) will be amended to incorporate modifications previously granted by the Securities and Futures Commission (SFC) under section 134 of the Securities and Futures Ordinance (SFO). The amended PI Rules are expected to come into effect on 13 July 2018, subject to the legislative process. The amended PI Rules will… Continue reading Amendments to Securities and Futures (Professional Investor) Rules Expected to Take Effect on 13 July 2018
Public interest in the blockchain has spiked since the latter half of last year. As shown by Google Trends, web and news search of the term has grown exponentially since April 2017. The blockchain is essentially a decentralised ledger that stores data securely by encryption and distributes them publicly across a network of data-receiving nodes.… Continue reading Is Blockchain Technology Disrupting Intellectual Property Management and Legal Practice in Hong Kong?