How Hong Kong’s stricter crypto regulations aim to boost investor confidence

The next is a visitor submit from Anndy Lian.

Hong Kong has been a serious 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 help for the trade’s improvement, and lots of initiatives are underway to assist create a good surroundings 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 help the event of blockchain and digital currencies. For instance, the HKMA is engaged on growing a central financial institution digital forex (CBDC), and has additionally launched a blockchain-based commerce finance platform.

Many lively blockchain and cryptocurrency communities in Hong Kong present help and assets 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 consistent with the Monetary Motion Job Power (FATF) Suggestion 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). With out a license, people and companies can’t 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 will not be restricted to:

• (a) Providing digital property on the market or buy recurrently, leading to a binding transaction; recurrently introducing or figuring out individuals to different events with the aim of negotiating or concluding digital asset transactions which might be binding or with the cheap expectation of doing so;
• (b) Possessing direct or oblique management over shopper cash or shopper digital property within the provision of such providers.

You will need to notice that crypto buying and selling platforms that enable buying and selling in monetary merchandise similar to securities and futures contracts will not be 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 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 might embrace the shopping for or promoting of digital property, managing digital asset portfolios, and offering digital asset custodian providers.

Unlicensed people or companies can’t promote VA providers 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 laws have vital implications for VASPs working in Hong Kong. The licensing course of is rigorous and requires VASPs to display compliance with AML/CFT necessities. Licensed VASPs are topic to ongoing supervision and monitoring by the SFC.

The licensing course of requires VASPs to offer detailed enterprise data, together with possession construction, administration workforce, and threat administration programs. 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 might face extreme penalties, together with fines, license revocation, and reputational injury. The laws goal to advertise a protected and steady digital asset market in Hong Kong and defend the pursuits of traders 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 traders. Firstly, the laws present readability and certainty in regards to the authorized and regulatory surroundings for digital asset providers in Hong Kong. This readability will help appeal to extra traders and companies to the market.

Secondly, the laws promote transparency and accountability within the digital asset market. Licensed VASPs should keep correct information, conduct common audits, and report suspicious actions to the related authorities. These necessities will help deter fraud and different illicit actions out there.

Thirdly, the laws assist promote a stage taking part in subject for all VASPs working in Hong Kong. The licensing course of ensures that each one VASPs meet the identical excessive requirements and are topic to the identical regulatory necessities. This will help create a extra aggressive and honest marketplace for digital asset providers in Hong Kong.

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 move a ‘match and correct’ take a look at that includes legal background checks, AML/CFT efficiency historical past, monetary standing, academic or different {qualifications}, popularity, expertise, character, reliability and monetary integrity of the individual. The enterprise should additionally apply for approval of the premises to maintain information or paperwork required below the Ordinance. Moreover, every director of the applicant and the last word proprietor should 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 hostile media. They have 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 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 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 data that the licensed individual or final proprietor has supplied below the necessities of the Ordinance, together with meant cessation of enterprise or intention to alter the deal with at which it proposes to offer any VA service.

Ultimate 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 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 predicted to draw extra institutional traders 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 consistent with world requirements and greatest practices.

Hong Kong has skilled vital occasions since 2019 which have had a serious impression on 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 legislation and political adjustments. I hope town’s new crypto agenda pushes a vital step ahead. By embracing the alternatives of recent applied sciences, defending traders, and selling transparency, Hong Kong can proceed to be a pacesetter within the world monetary trade.

Some “#AnndyLian Meals for Thought” earlier than I finish this text:

The Japanese authorities acknowledged early on that permitting retail traders to take part within the cryptocurrency market may assist drive adoption and promote innovation. My query is: “Will Hong Kong observe Japan’s strategy to permitting retail traders to commerce cryptocurrencies in a regulated surroundings?”

This might be one among their promoting factors. I’m keen to search out out.