The next is a visitor put up from Anndy Lian.
Hong Kong has been a significant monetary hub for a few years, and lately, it has proven growing curiosity in blockchain and cryptocurrency applied sciences. The federal government of Hong Kong has indicated its assist for the trade’s improvement, and lots of initiatives are underway to assist create a positive atmosphere for crypto and blockchain companies.
Hong Kong has a well-established regulatory framework for monetary providers, which has helped appeal to many crypto and blockchain corporations. 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 foreign money (CBDC), and has additionally launched a blockchain-based commerce finance platform.
Many lively blockchain and cryptocurrency communities in Hong Kong present assist and sources for companies and builders within the trade. Many occasions and conferences associated to blockchain and cryptocurrency within the metropolis assist create networking alternatives and promote the trade’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 just lately applied new regulatory frameworks for cryptocurrency buying and selling and providers. The up to date Anti-Cash Laundering Ordinance is in step with the Monetary Motion Process Pressure (FATF) Advice 15, which requires digital asset service suppliers (VASPs) to stick to anti-money laundering (AML) and countering the financing of terrorism (CFT) laws.
The brand new laws 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 not supply VA providers or declare themselves as a supplier.
The Hong Kong authorities carefully regulates all actions associated to the availability of digital asset (VA) providers. The time period “VA providers” encompasses a broad vary of digital providers that embrace, however aren’t restricted to:
- (a) Providing digital property on the market or buy frequently, leading to a binding transaction; frequently introducing or figuring out individuals to different events with the aim of negotiating or concluding digital asset transactions which are binding or with the affordable expectation of doing so;
- (b) Possessing direct or oblique management over consumer cash or consumer digital property within the provision of such providers.
You will need to word that crypto buying and selling platforms that enable buying and selling in monetary merchandise equivalent to securities and futures contracts aren’t topic to the brand new licensing regime, as they’re already regulated beneath the Securities and Futures Ordinance. One other factor to notice is that the brand new licensing necessities lengthen to all crypto exchanges registered in Hong Kong beneath the Corporations Ordinance, together with these based mostly outdoors of Hong Kong that actively goal Hong Kong residents of their advertising and marketing efforts.
Prohibition on Unlicensed VA Service Suppliers
The amended Ordinance additionally prohibits unlicensed individuals from performing regulated features associated to the enterprise of offering VA providers. Such features could embrace the shopping for or promoting of digital property, managing digital asset portfolios, and offering digital asset custodian providers.
Unlicensed people or companies can not promote VA providers in Hong Kong. The SFC can take enforcement actions in opposition to unlicensed entities, together with issuing fines and revoking licenses.
Influence on VASPs
The brand new laws have important 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 group, and threat 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 injury. The laws purpose 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 providers in Hong Kong has a number of advantages for VASPs and buyers. Firstly, the laws present readability and certainty concerning the authorized and regulatory atmosphere for digital asset providers in Hong Kong. This readability may help appeal to extra buyers and companies to the market.
Secondly, the laws 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 help deter fraud and different illicit actions available in the market.
Thirdly, the laws assist promote a stage enjoying subject 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 help create a extra aggressive and truthful marketplace for digital asset providers in Hong Kong.
Learn how to get the license?
Crypto companies should receive 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}, repute, expertise, character, reliability and monetary integrity of the individual. The enterprise should additionally apply for approval of the premises to maintain data or paperwork required beneath the Ordinance. Moreover, every director of the applicant and the last word proprietor have to be decided as ‘match and correct’ to be related to offering the VA service.
To fulfill 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 antagonistic media. They need to additionally adjust to Journey Rule necessities and appoint an eligible auditor inside one month after changing into a licensed supplier. Moreover, they need 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 top of the monetary 12 months to which they relate.
The licensed supplier should additionally submit an annual return to the Fee and pay a prescribed payment inside one month after every anniversary of the license’s grant date. Lastly, the licensed individual should notify the Fee in writing of any change in info that the licensed individual or final proprietor has offered beneath the necessities of the Ordinance, together with meant cessation of enterprise or intention to vary the handle at which it proposes to supply any VA service.
Closing phrases
The SFC could have broad powers to oversee AML/CTF and regulatory compliance by licensed VASPs, together with imposing sanctions. Companies that function and not using a license or violate AML guidelines can face important 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 laws 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 laws as quickly as attainable and reviewing their AML/CTF insurance policies and controls to determine potential gaps within the necessities.
General, implementing these new laws is anticipated to draw extra institutional buyers to the Hong Kong cryptocurrency market, as they may have better confidence within the security and legitimacy of the trade. The transfer additionally brings Hong Kong’s cryptocurrency laws in step with international requirements and finest practices.
Hong Kong has skilled important occasions since 2019 which have had a significant impression on the town and its individuals. 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 adjustments. I hope the town’s new crypto agenda pushes a essential step ahead. By embracing the alternatives of latest applied sciences, defending buyers, and selling transparency, Hong Kong can proceed to be a pacesetter within the international monetary trade.
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 observe Japan’s method to permitting retail buyers to commerce cryptocurrencies in a regulated atmosphere?”
This could possibly be one in all their promoting factors. I’m keen to search out out.
