![Global rules on foreign direct investment](https://www.nortonrosefulbright.com/-/media/images/nrf/nrfweb/knowledge/publications/us_24355_legal-update--fdi-alert.jpeg?w=265&revision=a5124a65-abf9-40e4-8e96-9df39ffdb212&revision=5250068427347387904&hash=96B456347C3246E5649838DF281C5F5D)
Publication
Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Hong Kong SAR | Publication | July 2023
The below guides examine the key issues that foreign lenders might encounter when lending to a borrower in Hong Kong. The practice notes discuss three major aspects:
1. Legal and Documentation Issues
A Practice Note providing an overview of the key legal and documentation considerations for a loan agreement which is subject to English law or the law of a US state where a borrower, guarantor or security provider is incorporated in Hong Kong.
A Practice Note looking at regulatory issues for a proposed loan finance transaction where the borrower is a company incorporated in Hong Kong and the lender is incorporated in another jurisdiction. It considers economic and trade sanctions laws, anti-money laundering laws, anti-corruption and anti-bribery laws, and currency exchange controls in Hong Kong of interest to foreign lenders, and highlights any licensing or other restrictions on foreign lenders making loans to, or taking security or guarantees from, a company incorporated in Hong Kong.
3. Structuring the Transaction
A Practice Note looking at the key considerations involved in structuring a loan to a company incorporated or located in Hong Kong (which may also involve a guarantor or security provider incorporated or located in, or assets located in, Hong Kong), where the lender is incorporated in another jurisdiction. It looks at considerations such as tax, costs and regulatory issues, and issues that can affect taking security and guarantees.
Reproduced with the permission from Thomson Reuters. This article was first published in Practical Law, click below links for the original article.
1. Lending to a Company in Hong Kong: Legal and Documentation Issues
2. Lending to a Company in Hong Kong: Regulatory Issues
3. Lending to a Company in Hong Kong: Structuring the Transaction
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
Publication
The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023