Mandatory Reference Checking Scheme (“MRC”) for Hong Kong

The Mandatory Reference Checking Scheme is a framework to facilitate Authorized Institutions (“AIs”) to bilaterally obtain reference information during their recruitment process for certain positions, such that misconduct information in an individual’s previous employments can be provided to AIs to inform their employment decisions.

For information related to MRC Scheme, “Frequently Asked Questions for In Scope Individuals” is published by HKAB/Industry Guidelines (https://www.hkab.org.hk/en/home) or further information will be available upon request, if it is applicable to the position(s) applied.

Country of Location:

China Hong Kong

Job Responsibilities:

• Act as the lead legal and compliance adviser for the Securities Services business • Appointed as Manager-In-Charge for Compliance under SFC RA 13 and be the point of contact with the SFC regarding businesses under RA 13 • Prepare and comment on template legal agreements to be used by business for various structures of counterparties • Review and comment on any legal documents in connection with the business from both legal and compliance perspective • Advise and assist in the negotiation of legal agreements with counterparties • Manage and monitoring external counsel’s work • Work closely with the Securities Services team to advise on any ad hoc legal and compliance issues • Effectively facilitate the pre-deal and transactional legal documentation by drafting, reviewing and negotiating relevant documentation including Non-Disclosure Agreements, Fund Administration Agreement, Custodian Agreement, Fund Trustee Agreement and any other related legal agreements • Work closely with Securities Services team to identifying potential areas of legal and compliance risks to enable such issues to be addressed in a timely manner to meet the business requirement by offering pragmatic solutions • Prepare and submit regulatory filings to the local regulators • Support the Securities Services business in performing timely legal and compliance reviews on new products/ changes/ termination of products • Coordinate and monitor regulatory inspections, investigations, thematic reviews, inquiries, self-assessments, surveys in relation to Securities Services matters to ensure timely submissions • Arrange and conduct compliance assurance review and monitoring for Securities Services business • Keep abreast of the regulatory developments (especially on RA13), interpret and provide advice on policies, regulatory requirements and impact, and control related processes relating to Securities Services matters • Collaborate with other control functions, e.g. Business Management, Operations, Technology, Risk, Finance, etc. to address compliance issues which may impact the Securities Services business • Promote the Bank’s Securities Services business brand by actively participating and contributing in product and industry working group calls and meetings, if any • Spearhead and enhance the development of legal forms, policies and procedures in relation to Securities Services transactions and business

Requirements:

• Degree holder in Law or related disciplines
• 10 - 12 years’ solid experience in a leading law firm or relevant in-house legal advisory
• Minimum 5 years' post-qualification experience with experience in working in the region is preferred (with a preference for qualification from New York, England & Wales, Hong Kong or Singapore)
• Qualified lawyer in common law jurisdiction is preferred
• Solid financial services and/or funds experience in a top tier law firm and/or financial institution
• Holder of Certified Compliance Professional (CCOP) Certificate under the HKMA ECF on Compliance is preferred
• Good command of written and spoken English and Chinese (including Putonghua)