Overview

Asset managers and financial institutions 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 representation 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 funds focused on 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, the Department of Customs and Excise (Money Services Operator licenses), the Companies Registry (Trust and Corporate Services Licenses).

Spoken Languages

  • English

Experience

Advised:

  • A Hong Kong asset manager on the first fund to tokenize a real estate asset in Hong Kong.
  • A leading Hong Kong 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.
  • A 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 South East 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 Singapore real estate
  • A large Singapore based private equity manager on the launch of its Singapore domiciled VCC fund.
  • Numerous limited partners on their negotiations of transaction documents, including side letters, as part of their investments into various private equity funds.
  • A Hong Kong based financial institution on obtaining SFC approval for the distribution of all of their Irish 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 Irish ICAV fund range to retail investors in Hong Kong and the launch of their latest Irish UCITS fund.
  • 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 license 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 Irish 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 SFC Type 1, 4 and 9 licenses.
  • A European regulator on the sandboxes operated by the SFC, the Hong Kong Monetary Authority and the Insurance Authority.

Education

University of Limerick, Ireland, BA, Law and Accounting

Admissions

  • Ireland
  • England and Wales
  • Hong Kong

Activities

  • 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)
  • Key member of the team leading the ESG Initiative within Mayer Brown in Hong Kong
  • Regular speaker at industry events and widely quoted in the media
  • Highly Regarded - Private Equity Funds, Hong Kong – IFLR1000
  • Highly Regarded - Real Estate Funds, Hong Kong – IFLR1000