The next is a visitor put up from Anndy Lian.
Hong Kong has been a significant monetary hub for a few years, and in recent times, it has proven growing curiosity in blockchain and cryptocurrency applied sciences. The federal government of Hong Kong has indicated its assist for the business’s growth, and plenty of initiatives are underway to assist create a good atmosphere for crypto and blockchain companies.
Hong Kong has a well-established regulatory framework for monetary companies, which has helped entice many crypto and blockchain firms. The Hong Kong Financial Authority (HKMA) has launched a number of initiatives to assist the event of blockchain and digital currencies. For instance, the HKMA is engaged on creating a central financial institution digital forex (CBDC), and has additionally launched a blockchain-based commerce finance platform.
Many energetic blockchain and cryptocurrency communities in Hong Kong present assist and assets for companies and builders within the business. Many occasions and conferences associated to blockchain and cryptocurrency within the metropolis assist create networking alternatives and promote the business’s progress.
In December 2022, the Legislative Council of Hong Kong handed an modification to the Anti-Cash Laundering and Counter-Terrorist Financing Ordinance (AMLO), introducing a licensing regime for digital asset service suppliers (VASPs).
Hong Kong’s New Regulatory Framework
Hong Kong has not too long ago applied new regulatory frameworks for cryptocurrency buying and selling and companies. The up to date Anti-Cash Laundering Ordinance is consistent with the Monetary Motion Process Drive (FATF) Advice 15, which requires digital asset service suppliers (VASPs) to stick to anti-money laundering (AML) and countering the financing of terrorism (CFT) rules.
The brand new rules require all VASPs working in Hong Kong to acquire a license from the Securities and Futures Fee (SFC). And not using a license, people and companies can’t supply VA companies or declare themselves as a supplier.
The Hong Kong authorities intently regulates all actions associated to the availability of digital asset (VA) companies. The time period “VA companies” encompasses a broad vary of digital companies that embrace, however should not restricted to:
- (a) Providing digital property on the market or buy commonly, leading to a binding transaction; commonly introducing or figuring out individuals to different events with the aim of negotiating or concluding digital asset transactions which can be binding or with the cheap expectation of doing so;
- (b) Possessing direct or oblique management over consumer cash or consumer digital property within the provision of such companies.
You will need to word that crypto buying and selling platforms that enable buying and selling in monetary merchandise similar to securities and futures contracts should not topic to the brand new licensing regime, as they’re already regulated below the Securities and Futures Ordinance. One other factor to notice is that the brand new licensing necessities prolong to all crypto exchanges registered in Hong Kong below the Firms Ordinance, together with these primarily based exterior of Hong Kong that actively goal Hong Kong residents of their advertising efforts.
Prohibition on Unlicensed VA Service Suppliers
The amended Ordinance additionally prohibits unlicensed individuals from performing regulated capabilities associated to the enterprise of offering VA companies. Such capabilities could embrace the shopping for or promoting of digital property, managing digital asset portfolios, and offering digital asset custodian companies.
Unlicensed people or companies can’t promote VA companies in Hong Kong. The SFC can take enforcement actions in opposition to unlicensed entities, together with issuing fines and revoking licenses.
Affect on VASPs
The brand new rules have vital implications for VASPs working in Hong Kong. The licensing course of is rigorous and requires VASPs to exhibit compliance with AML/CFT necessities. Licensed VASPs are topic to ongoing supervision and monitoring by the SFC.
The licensing course of requires VASPs to supply detailed enterprise info, together with possession construction, administration staff, and danger administration methods. VASPs should additionally conduct buyer due diligence and transaction monitoring to detect and report suspicious actions.
VASPs that fail to adjust to the regulatory necessities could face extreme penalties, together with fines, license revocation, and reputational harm. The rules intention to advertise a secure and steady digital asset market in Hong Kong and shield the pursuits of buyers and customers.
Advantages of the New Regulatory Framework
The brand new regulatory framework for digital asset companies in Hong Kong has a number of advantages for VASPs and buyers. Firstly, the rules present readability and certainty concerning the authorized and regulatory atmosphere for digital asset companies in Hong Kong. This readability may also help entice extra buyers and companies to the market.
Secondly, the rules promote transparency and accountability within the digital asset market. Licensed VASPs should keep correct data, conduct common audits, and report suspicious actions to the related authorities. These necessities may also help deter fraud and different illicit actions out there.
Thirdly, the rules assist promote a degree taking part in discipline for all VASPs working in Hong Kong. The licensing course of ensures that every one VASPs meet the identical excessive requirements and are topic to the identical regulatory necessities. This may also help create a extra aggressive and honest marketplace for digital asset companies in Hong Kong.
How you can get the license?
Crypto companies should acquire a license from the Securities and Futures Fee, the regulatory physique for securities and futures markets. To get a license, the enterprise should go a ‘match and correct’ check that includes legal background checks, AML/CFT efficiency historical past, monetary standing, academic or different {qualifications}, status, expertise, character, reliability and monetary integrity of the particular person. The enterprise should additionally apply for approval of the premises to maintain data or paperwork required below the Ordinance. Moreover, every director of the applicant and the final word proprietor should be decided as ‘match and correct’ to be related to offering the VA service.
To satisfy the regulatory necessities of the brand new Ordinance, licensed crypto companies should introduce AML/CTF measures, together with buyer due diligence, transaction monitoring and record-keeping, screening purchasers in opposition to worldwide sanctions and watchlists for PEP standing, and screening purchasers in adversarial media. They have to additionally adjust to Journey Rule necessities and appoint an eligible auditor inside one month after turning into a licensed supplier. Moreover, they have to put together monetary statements and different paperwork for prescribed durations and submit them with the auditor’s report back to the Fee inside 4 months after the tip of the monetary yr to which they relate.
The licensed supplier should additionally submit an annual return to the Fee and pay a prescribed charge inside one month after every anniversary of the license’s grant date. Lastly, the licensed particular person should notify the Fee in writing of any change in info that the licensed particular person or final proprietor has supplied below the necessities of the Ordinance, together with meant cessation of enterprise or intention to alter the tackle at which it proposes to supply any VA service.
Remaining phrases
The SFC could have broad powers to oversee AML/CTF and regulatory compliance by licensed VASPs, together with imposing sanctions. Companies that function with out a license or violate AML guidelines can face vital fines and imprisonment for senior administration. Within the case of fraudulent actions or deception involving digital property, fines can attain as much as 10,000,000 HKD (1,277,000 USD) and imprisonment for as much as 10 years.
The brand new rules will come into impact on April 1, 2023. Some provisions, together with licensing necessities, will go into impact on June 1, 2023. Companies are suggested to begin making ready for the brand new rules as quickly as potential and reviewing their AML/CTF insurance policies and controls to establish potential gaps within the necessities.
Total, implementing these new rules is anticipated to draw extra institutional buyers to the Hong Kong cryptocurrency market, as they are going to have better confidence within the security and legitimacy of the business. The transfer additionally brings Hong Kong’s cryptocurrency rules consistent with international requirements and finest practices.
Hong Kong has skilled vital occasions since 2019 which have had a significant affect on the town and its folks. Hong Kong has confronted many challenges, from protests and political unrest to the COVID-19 pandemic to the introduction of nationwide safety regulation and political modifications. I hope the town’s new crypto agenda pushes a vital step ahead. By embracing the alternatives of recent applied sciences, defending buyers, and selling transparency, Hong Kong can proceed to be a frontrunner within the international monetary business.
Some “#AnndyLian Meals for Thought” earlier than I finish this text:
The Japanese authorities acknowledged early on that permitting retail buyers to take part within the cryptocurrency market might assist drive adoption and promote innovation. My query is: “Will Hong Kong comply with Japan’s strategy to permitting retail buyers to commerce cryptocurrencies in a regulated atmosphere?”
This could possibly be one in every of their promoting factors. I’m keen to seek out out.
