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Paul Moloney

Partner

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Paul Moloney

Partner

Contact
Lau, Horton & Wise LLP, in Association with CMS Hasche Sigle, Hong Kong LLP
8th Floor, Nexxus Building, 41 Connaught Road Central,
Hong Kong
Languages English

Paul is a partner in the Funds and Indirect Real Estate team in the Hong Kong office.

Asset managers, financial institutions and family offices look to Paul Moloney for advice on both public and private fund formation and a wide array of regulatory issues across Hong Kong, Singapore, Ireland and the Cayman Islands. Investors rely on Paul’s guidance when making significant investments in a range of private investment funds with a particular focus on negotiation of complex side letters and profit share arrangements.

Clients across Asia rely on Paul’s advice on a wide range of fund formation matters spanning private equity, real estate, venture capital, hedge funds and digital assets. His counsel spans the entire fund lifecycle, and he is one of the few lawyers in Asia with an active European funds practice, so asset managers based in Asia seek his advice on the formation of European domiciled public (UCITS) and private funds (AIFs).

Paul manages and implements large regulatory change projects, the acquisition of licensed entities, cross-border distribution of funds, and the launch of innovative products such as ICO products, digital assets businesses and robo-advisory platforms. Paul also guides clients through the licensing process with the Securities and Futures Commission (SFC), the Department of Customs and Excise (Money Services Operator licenses), the Companies Registry (Trust and Corporate Services Licenses).

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Relevant experience

  • A Hong Kong based asset manager on the establishment of the first tokenised real estate asset in Hong Kong.
  • A leading Hong Kong based real estate manager on the establishment of their open-ended Cayman Islands domiciled US student accommodation fund.
  • A leading ASEAN focused private equity manager on the establishment of their latest Vietnam focused buyout fund.
  • A Hong Kong based private equity manager on their Asian solar energy fund.
  • An Indonesian focused private equity manager on the restructuring of their funds following the approval of the establishment of their Singapore based MAS licensed manager.
  • A Hong Kong and US based private equity manager on the establishment of a Cayman Islands domiciled biotechnology fund.
  • A Thai based asset manager on the establishment of a Cayman Islands domiciled cryptocurrency fund.
  • A European Development Finance Institution on its investment into a Southeast Asian financial institution.
  • A Hong Kong based shipping enterprise on its investment through a joint venture with a Singapore based private equity real estate manager into shophouses in Singapore.
  • A large Singapore based private equity manager on the launch of its Singapore domiciled VCC fund.
  • Numerous limited partners on their proposed investments into various private equity or venture capital funds including the negotiations of transaction documents, including side letters.
  • A Hong Kong based financial institution on obtaining SFC approval for the distribution of all of their Irish collective asset management vehicle (ICAV) fund ranges for distribution to retail investors in Hong Kong.
  • A Chinese headquartered asset manager on obtaining SFC approval for the distribution of all of their ICAV fund range to retail investors in Hong Kong and the launch of their first Irish UCITS fund in Hong Kong.
  • A Hong Kong conglomerate on all legal and regulatory aspects of the launch of their private equity business.
  • A global bank on their RA13 depositary licence application to the SFC.
  • A global bank on the build out of their governance framework for their new aggregator fund vehicle.
  • A Hong Kong asset manager on the establishment of an ICAV structure.
  • A Hong Kong bank on its obligations as a trustee of a Hong Kong domiciled unit trust on compliance with the Code on Unit Trusts and Mutual Funds.
  • A Swiss private bank on updating its onboarding documentation and procedures including in relation to ensuring that it complied with its obligations to conduct suitability checks on its clients.
  • Numerous clients on obtaining an SFC licence for various regulated activities including Type 1 (dealing in securities), Type 4 (advising on securities) and Type 9 (asset management) regulated activities.
  • A European regulator on the sandboxes operated by the SFC, the Hong Kong Monetary Authority and the Insurance Authority.
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Memberships & Roles

  • Member, Education Committee, Hong Kong Alternative Investment Management Association.
  • Member, Irish Funds Hong Kong Committee.
  • Member, the Hong Kong Venture Capital and Private Equity Association (HKVCA).
  • Regular speaker at industry events and widely quoted in the media.
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Publications

  • "Hong Kong SFC Concludes Consultations on Proposed Amendments to Enforcement-related Provisions of the Securities and Futures Ordinance," 11 August 2023.
  • "Hong Kong: More Flexibility for a Streamlined Approach to Conducting Suitability Checks on Sophisticated Professional Investors," 3 August.
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Education

  • University of Limerick, Ireland, BA, Law and Accounting.
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