Hong Kong’s audit regulator, the Accounting and Financial Reporting Council (AFRC) says it has reached a landmark agreement to help it obtain audit working papers of Public Interest Entity (PIE) auditors located on the PRC...more
The Accounting and Financial Reporting Council (AFRC) has published its 2023 Oversight Report on HKICPA's Performance of Specified Functions (the report). This is the first full year the AFRC has reported on the exercise of...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 Court of First Instance held in Re Up Energy Development Group Limited [2022] HKCFI 1329 that where the three core requirements for winding-up a foreign company under section 327(1) of the Companies (Winding up and...more
In Shandong Chenming Paper Holdings Limited v Arjowiggins HKK2 Limited [2022] HKCFA 11, the Court of Final Appeal has confirmed that the "leverage" created by the prospect of a winding-up – as opposed to the making of a...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
In a significant decision, the Shenzhen Intermediate People's Court (Shenzhen court) has ordered formal recognition in the mainland for Hong Kong appointed liquidators. This is the first occasion on which a mainland court has...more
A Hong Kong court has ruled that the longstanding use of “letters of no consent” to freeze bank accounts suspected of harbouring the proceeds of crime, is unlawful. The decision, unless reviewed upon appeal, may mean extra...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
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
In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held the total amount of three transfers that were mistakenly made by the...more