Swartz, Binnersley & Associates is an award-winning grass roots Hong Kong law firm boasting comprehensive corporate and dispute practices. Our partners have over 40 years of combined experience in Hong Kong having served clients locally and globally. We are committed to supporting our clients and aim to make your business, our business.
We deliver comprehensive and clear-cut advice. Our corporate team specialises in fintech and regulatory matters where we are well placed to assist emerging companies structure and launch compliant, licenced operations. We have worked with clients on various instructions such as regulatory related matters on behalf of boutique investment firms, series fundraising on behalf of fintech companies, as well as structuring activities for Securities & Futures Commission ("SFC") and Hong Kong Monetary Authority ("HKMA") licenced entities.
Our disputes team represents clients in a range of matters from shareholders disputes to fraud and employment matters across industries including event management, insurance and finance. Our representation covers court actions, international arbitration and mediation on behalf of companies and individuals.
We are dedicated to giving back to our community and act as pro bono legal counsel for several s88 approved charities.
Main Areas of Practice
Regulatory and Licensing
Our lawyers have deep experience with navigating Hong Kong’s regulatory landscape. We have represented clients who have been the subject of SFC investigations or enquiries. We also work with licensed entities to guide them through the process of self-reporting misconduct to the appropriate regulatory body(ies) and represent them in any further enquiries.
We are experienced in working with new entrants to the Hong Kong market. We have represented clients during the licensing process which include those operating as robo-advisors, trading platforms powered by blockchain and payment specialists. We are pleased to have represented AngelHub in their application for type 1 (dealing in securities) and type 4 (advising on securities) regulated activity making them the first SFC licenced equity crowdfunding platform for professional investors in Hong Kong.
Our lawyers are uniquely well-positioned to serve fintech companies. Most fintech companies have significant equity and capital needs, along with a rapidly expanding workforce. They are often attractive M&A candidates. With Hong Kong focusing its development in fintech, this space is ever evolving and is becoming more heavily regulated as more companies look to launch in Asia. Our corporate team is accustomed to working with licenced and non-licenced companies and individuals, advising clients on business practices to ensure compliancy with the various regulatory bodies.
Labour & Employment
Our lawyers draw from commercial and litigation experience to represent clients in a range of labour and employment matters. We often handle cross-border transactions that involve advising on general employment matters, employee benefits, and global mobility issues. Our approach combines legal knowledge with a practical understanding of how the law is applied, taking into account local business culture, the complex regulatory environments and legislative trends.
Our lawyers are well-experienced in advising companies, whether emerging or established global entities, on various transactions. We have acted on behalf of licensed and non-licensed clients in series funding rounds, mergers and acquisitions, joint ventures and corporate restructuring exercises. We advise clients from the start of negotiations to include setting in place the term sheet to structure deal. We also assist with due diligence, drafting documentation to paper the transaction whilst ensuring compliancy with general legal concepts and internal corporate governance matters. We also overseeing closing and completion and advise on post-completion matters.
Corporate Arbitration and Litigation
Our lawyers are experienced in all forms of dispute resolution including litigation, arbitration and mediation. We regularly handle administrative and regulatory proceedings for complex business disputes. Our disputes team represents clients in the following areas, namely:
- Shareholder Disputes
- Inter-Company Disputes
- Employment Disputes
- Commercial Litigation
- Shipping & Logistics
- Insurance & Reinsurance
Our international arbitration experience includes CIETAC, DIFC-LCIA, HKIAC, ICC, LCIA, LMAA, SIAC, UNCITRAL, FOSFA, GAFTA, LME and London Cotton Association arbitrations.
As technology moves forward, we have noted an increase in fraudulent claims, particularly with respect to hacking of details and instructions to wire money to fraudsters bank accounts. Our disputes team has handled these types of cases and has assisted with successfully seeking the necessary remedies from the banks to recover stolen funds and guiding clients through the process of filing with the police as well as following up with insurers where required.
Labour & Employment
Our disputes lawyers are well equipped in representing employers dealing with redundancy issues, termination of staff, Labour Tribunal and High Court Proceedings.
Our team is experienced in a range of shipping and transportation industry-related matters representing clients in the areas of admiralty law, insurance (marine and non-marine), and ship finance. Our team handles the following matters, namely:
- Personal Injury and Defence and Claims Work
- Ship Sale/Purchase
- Ship Financing
- Charter Party Disputes
- Cargo Defence/Claims
- Collision/Pollution and Wreck Removal Matters
Our team also advises on shipping litigation and dispute resolutions, particularly dry contentious matters. We act in charter party disputes and cargo claims for a range of P&I clubs and ship owners.