Do I need a license to give investment advice?

More and more investors look for investment advice to advance their short- and long-term financial goals. Abundant “tips” and “advice” regarding investment have become increasingly accessible through social media platforms.  However, any company or individual carrying out regulated activities such as in the securities and futures market needs to apply for a relevant type of … Read more

Do I need a money lenders license to lend money?

Licensed money lenders offer an alternative route of financing for individuals and businesses.  Generally, a person carrying on business as a money lender in Hong Kong must obtain a money lenders licence. This article will help you understand (i) the situations where you would need to obtain a money lender license to lend money and … Read more

What is the difference between an asset purchase and a share purchase?

When purchasing a business, depending on what you are specifically buying and taking over, you will either purchase assets or shares in a business.  What is a share purchase?  A share purchase involves purchasing the shares of the company from the shareholders. On purchasing the shares, as a buyer, you take all of the company’s … Read more

What is due diligence and what does it include?

Due diligence is when potential buyers evaluate factors relating to a transaction, such as finances, assets, legal issues and external issues to gain a better understanding of the business. Essentially, it is a deeper dive investigation or audit into a specific situation/area relating to a business, that takes place before a formal contract is drafted … Read more

What are the main steps typically involved in a business/company purchase transaction and what legal documents are required?

Purchasing a business or a company indeed may be an easier option than starting your business from ground zero, but it is not an entirely automatic, straightforward process. Certain steps are typically involved in a business purchase transaction accompanied by their respective required legal documents.  A business/company purchase transaction can broadly be divided into three … Read more

What does it mean to purchase an existing business?

While starting a new business can be intriguing and exciting, the big downside is that you have to start from scratch. This is why some people opt to purchase an existing and established business instead.  This means that instead of setting up a completely new business from the ground up, you are skipping all the … Read more

Is there a maximum interest rate that can be applied to a loan?

In Hong Kong, a loan can be given by an authorized money lender or a bank. Borrowing money from a financial institution which is not a bank is governed by the Money Lending Ordinance (MLO), whereas a bank loan is governed by the Code of Banking Practice (Code). Both regulations set out how money lenders … Read more

When will a director be held responsible for company debts?

One of the main reasons people set up a private limited company is to limit their liability for business debt. The principle of separate legal entity of a company means that the right and liability of a company are separate from those of its directors. However, that does not mean that directors are free to … Read more

When can shareholders be responsible for company debt?

Although a shareholder is not generally held personally liable for the company’s debt, you should make sure you are aware of them so that you do not fall into a situation where this could happen. Limited liability of shareholders In Hong Kong, limited liability means when the shareholder’s liability is limited to a fixed amount, … Read more