HONG KONG: New Filing Form for Rulings made under Section 8 of Codes on Takeovers Introduced

Friday September 16 2016

From 16 September 2016, all applications for rulings made under Section 8 of the Codes on Takeovers and Mergers and Share Buy-backs must be submitted together with the duly completed filing form.

The new filing form contains a statement warning applicants that it is an offence under section 384(3) of the Securities and Futures Ordinance to provide any record or document to the SFC (including any subsequent record or document provided in connection with the matter) which is false or misleading.

The new filing form also contains the requisite section 8.3 certificate. Section 8.3 of the Introduction to the Codes requires each submission to be signed by the applicant and close with a statement certifying the truth, accuracy and completeness of the statements contained in the application. If the application is filed by an adviser, the statement should also confirm that the applicant has authorised the filing of the application by the adviser.

Prior to the submission of an application for ruling, an applicant or its authorised representative must complete the form by filling in all necessary information, and sign the form and the section 8.3 certificate as appropriate.

Please click the link at the top of the page for more information and the revised form.