Hong Kong’s audit regulator, the Accounting and Financial Reporting Council (AFRC), says it expects all audit firms and their staff to comply with all relevant laws and regulations set out within the accountants’ ethics code....more
The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience...more
2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong...more
The Hong Kong Court of Appeal has dismissed a challenge to a first instance decision which recognized the Beijing administrators of the commercial arm of the Peking University group but granted only a limited stay of...more
Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on...more
The Hong Kong Court of Appeal has denied an accountant’s appeal of a Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants (HKICPA) order that cancelled her practicing certificate due to...more
In mid-2020 the German stock corporation Wirecard became suspected of having falsified its records and to have made up assets in the magnitude of EUR 1.9 billion in its balance sheets. This prompted the German legislature to...more
Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’ liability risk. We have experienced lawyers on...more
12/22/2021
/ Accountants ,
Accounting ,
Accounting Standards ,
Auditor Independence ,
Financial Reporting ,
Financial Services Industry ,
Foreign Corporations ,
Hong Kong ,
Netherlands ,
PCAOB ,
Securities and Exchange Commission (SEC)
A company that specialized in the design and production of optical instruments (hereafter: the Company) hired an accounting firm and a tax consultancy firm (hereinafter: the Accountants) to prepare its annual accounts between...more
10/26/2021
/ Accountant Malpractice ,
Accountants ,
Accounting ,
Accounting Standards ,
Audits ,
Financial Institutions ,
Financial Services Industry ,
Hong Kong ,
Italy ,
Netherlands ,
Professional Liability ,
Securities and Exchange Commission (SEC) ,
Spain
On 1 July 2021 a new bill came into force in Germany that substantially reshapes the legal framework for accountants (“Gesetz zur Stärkung der Finanzmarktintegrität – (Finanzmarktintegritätsstärkungsgesetz -FISG)”, “FISG”,...more
Cyber fraud scams, typically involving fraudsters using spoofing / phishing tactics to bring about unlawful receipt of monies, have, unfortunately, been a mainstay in Hong Kong in recent years.
As the fraudsters’ nefarious...more
Court of Appeal rules in favor of accounting firm in breach of contract claim -
The Court of Appeal has rejected a claim from a California-based businessman that a global accounting firm failed to ensure that its...more
Recent regulatory and enforcement developments -
Hong Kong -
Court rules on disclosure of disciplinary decisions-
Accountants and other professionals should not expect that disciplinary decisions against them will remain...more
3/30/2021
/ Accountant Malpractice ,
Accountants ,
Accounting ,
Accounting Standards ,
Capital Markets ,
Disciplinary Proceedings ,
Enforcement Actions ,
Fraud ,
Hong Kong ,
Italy ,
Memorandum of Understanding ,
Netherlands ,
Regulation S-K ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
The court in Luk Wing Yan v. CMB Wing Lung Bank Ltd. [2021] HKCFI 279 found the defendant not liable for the actions of one of its employees who fraudulently offered investments which caused loss to the plaintiff.
...more
The Hong Kong Court of First Instance in Edison Norge As v. BZZ Ltd [2021] HKCFI 135 has granted default judgment against email fraudsters whilst granting the declaratory relief applied for only in part. This decision...more
It is not uncommon for companies exploring expansion or other ways of raising capital to engage financial advisers to provide a range of consultancy services, including the introduction of potential investors or deals of...more
The Hong Kong Court of Appeal has allowed the proposed privatization of a Hong Kong listed company through a scheme of arrangement, overturning the decision of the Court of First Instance (CFI).
...more
On 21 August 2020, the court of Chancery of the State of Delaware granted a motion brought by three Defendant KPMG firms to dismiss a cause of action seeking to hold KPMG LLP (KPMG US) liable as the agent of KPMG Cardenas...more
9/18/2020
/ Accounting ,
Financial Services Industry ,
Hong Kong ,
Hong Kong Monetary Authority (HKMA) ,
KPMG ,
Liability ,
Netherlands ,
PCAOB ,
Regulatory Agenda ,
Regulatory Standards ,
Risk Management
The Singapore High Court has recently granted recognition to Hong Kong liquidation proceedings and liquidators for the first time under Singapore's enactment of the United Nations Commission on International Trade Law Model...more
Certified public accountants are among those who may benefit from a mechanism announced by the Hong Kong government in May 2020 to exempt certain inbound travelers from compulsory quarantine. The exemption is provided under...more
In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such...more
Recent court decisions -
Germany -
Cum/Ex-trades spark litigation -
So called Cum/Ex-trades have become one of the hottest legal topics in Germany. A flood of claims dealing with those trades has reached German...more
6/1/2020
/ Accounting ,
Accounting Standards ,
Auditors ,
Audits ,
Business Disruption ,
Coronavirus/COVID-19 ,
EU ,
Financial Statements ,
Hong Kong ,
PCAOB ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Spain
China has placed stringent travel and quarantine restrictions on people entering the country and moving from one part of the country to another as part of the effort to contain the COVID-19 outbreak. Corporations with...more
Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more
11/13/2019
/ Arbitration ,
Consent ,
Contract Drafting ,
Contract Formation ,
Contract Termination ,
Contract Terms ,
Damages ,
Hong Kong ,
Jurisdiction ,
Legal Project Management ,
Legal Representatives ,
Limitation of Liability Clause ,
Privity of Contract ,
Representations and Warranties ,
Waiver of Liability
The Netherlands -
Breach of an accountant’s duty of care does not always lead to civil liability -
In the period of 2001-2002, two accountants drafted a company’s financial statements at the request of the owner who...more
11/8/2019
/ Accountant Malpractice ,
Accountants ,
Accounting ,
Accounting Standards ,
Civil Liability ,
Confidential Information ,
Constitutional Challenges ,
Corporate Misconduct ,
Criminal Prosecution ,
Duty of Care ,
International Tax Issues ,
Local Ordinance ,
PCAOB ,
Professional Liability ,
Standard of Care ,
Tax Advice