SFC Investigations and Enforcement Powers under the SFO

The SFC significantly increased the number of cases that they have been initiating this year. There has been a corresponding rise in the number of enforcement activities they have commenced. This course will review the SFC’s investigation and enforcement powers for misconducts or offences which may be committed by directors or officers of listed companies, and will also examine SFC’s co-ordination with other enforcement bodies to penalize these persons. This course will also provide a comprehensive overview and practical guidance to the investigation and enforcement powers of the SFC.

Speakers

Speaking Opportunities

Detailed Information

Highlights of the course include:

  • Overview of SFC powers of investigation and enforcement under the SFO
    • What offences will lead to SFC Investigations – Corporate Misconduct, Intermediary Misconduct and/or Market Misconduct?
    • Sources of Investigations
      • Investigations by the SFC– powers, grounds, restrictions, protections, limitations and outcomes  e.g. :
        • Power to require protection of records and documents
        • Power to conduct supervisory inspections on intermediaries, banks and its associated entities
        • Power to obtain information from third parties
        • Secrecy
        • Enforcement Actions
      • Co-operation with other enforcement agencies e.g. roles of ICAC, police and HKMA
      • SFC’sDisciplinary Regime and Proceedings
        • Process
        • Decisions on disciplinary actions, penalties, fines or settlement?
  • How to handle an SFC Investigation:
    • Rights  and Obligations of implicated party
    • Preparing for, dealing with and consequences of interview
    • Use of incriminating evidence gathered in investigations – right to remain silent?
    • Restriction Notices and Injunctive orders
  • Considerations and factors in bringing Judicial Proceedings – “MMT” civil proceedings vs. criminal proceedings for market misconduct offences
  • Challenging  Decisions: Appeal procedures
    • Role of SFAT
    • Judicial review
  • Case studies on recent SFC disciplinary actions, SFAT decisions and SFC prosecutions
  • Practical Tips

Registration Conditions

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