(O15) (Live Presentation and Webinar) (RME Elective) Risk Management For Hong Kong Solicitors: The Director And Corporate Governance

• Instructor: Judith Sihombing

Date:  18 October 2023 (Wednesday)  Time: 2:00pm – 5:45pm Language: English Level: Intermediate

Speaker: Judith Sihombing, Adjunct Associate Professor, Faculty of Law, Chinese University of Hong Kong

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts:  4   Fee: HK$2,350

Highlight:

The seminar focuses on a. the role of the solicitor in advising the director, and b. the role of the director for which that advice is needed.

The matters that the solicitor deals with in relation to the director include:

• from the beginning of the relationship, a clear understanding on
  • who is the client
  • matters of confidentiality – and for whom
  • question of possible attribution to the company of the director’s actions and omissions:
  • how and the manner in which the solicitor advices and gives information a. to the client and b. to the agent[ie the director] of the client — where that distinction is dealt with:

• the duties and obligations of a director in relation to the legislation, and as a quasi-trustee, and in his role as entrepreneur; and the fitness for purpose of this dfirector:

• the type of director, and the manner in which Cap 622 defines his role;

• the ambit of modern concepts required to be observed by the company, especially a listed company, that co er matters such as ESG: corporate social responsibility and corporate culture; div ersatz and inclusion where relevant:

• the role of the director, especially in his role as a quasi-trustee, and what advice is required to ensure that the fiduciary obligation of the director is maintained;

• advice on modern aspects of corporate law [as required by the different levels of companies] ESG: corporate social responsibility; corporate culture; diversity, inclusion and so on: and
• reference to the director’s fiduciary duty [as appropriate when the identity of the client is established].