The SFC has imposed a **lifetime ban and $17.43 million fine** on Lui Pak Tong for orchestrating a scheme where he exploited a fund under his control by directing $22.5 million in unsecured loans to a company he owned, while concealing conflicts of interest and diverting loan proceeds to himself and associates. This enforcement action demonstrates the SFC's aggressive stance on fiduciary breaches, undisclosed conflicts of interest, and self-dealing by licensed representatives, with direct implications for fund governance, investment committee oversight, and compliance with the Code of Conduct.
What Changed
This is not a regulatory change but rather an enforcement precedent establishing the SFC's expectations regarding:
Conflict of Interest Disclosure: Licensed representatives must fully disclose all material conflicts of interest to investment committees and fund stakeholders, particularly when recommending transactions involving entities under their control.
Fiduciary Duty Standards: Fund managers and their representatives must ensure fair treatment of fund investors and cannot exploit their position to divert fund assets or loan proceeds to themselves or connected persons.
Investment...
What You Need To Do
- *Immediate Actions (0-30 days)
- *Conflict of Interest Audit
- *Policy Review
- Written disclosure of all material conflicts before investment committee meetings
- Independent review and approval of transactions involving conflicted parties
Key Dates
25 July 2017 – 31 August 2020 Period during which Lui held licenses for Types 1, 4, and 9 regulated activities.
September 2017 – June 2020 Period during which the misconduct occurred (five unsecured loans totalling $22.5 million extended to Lui's controlled company).
31 July 2024 Thunder Capital Limited's (later renamed Yupei Fortune Capital Limited) SFC licence was revoked.
24 March 2026 SFC announcement of lifetime ban and $17.43 million fine.
Compliance Impact
Urgency: HIGH