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Hong Kong Financial License No. 149:Application conditions、RO Retention and Tax Compliance

Financial card care question

Hong Kong can compete with New York, USA、London, England is tied as the world's three largest financial center,The core reason lies not only in its location advantages and mature financial market system.,It also depends on the clear financial license application system.、Efficient、clear rules。Regarding plans to enter the international financial market、For institutions that serve mainland enterprises or expand cross-border financial business,successfully obtainedHong Kong 1、4、9No. financial license,Will help establish a more competitive market position。

ProcessingHong Kong 1、4、9No. financial licenseor proceedLicense transferhour,RO responsible personnel can remain in office according to actual arrangements。The license application itself has clear criteria、Process and regulatory requirements,Enterprises need to focus on subject qualifications、Personnel qualifications、financial capacity、Plan ahead for office operations and tax compliance。

Hong Kong financial licenseCore advantages of application

Hong Kong’s financial regulatory system is mature,The China Securities Regulatory Commission has set clear application standards and ongoing compliance requirements for different types of financial licenses.。For Chinese and foreign financial institutions,Hong Kong licenses not only have international recognition,It is also conducive to undertaking cross-border capital market business、Asset management business and related financial services。

Hong Kong Financial License No. 149Application conditions

Hong Kong financial licenses are divided into multiple categories,The application difficulty and regulatory requirements for different licenses are different。Hong Kong Securities and Futures CommissionRegulation,Applying for various licenses usually requires 2 Hong Kong licenseesResponsible personResponsible personMust have three consecutive years of publicly disclosed capital market performance records,and pass a series of rigorous examinations and qualification reviews。

The company also needs to have a physical office address in Hong Kong,and equipped with an experienced management team,to supportlicensed corporationDaily operations and regulatory compliance。

Subject qualifications and business competency requirements

  1. Subject qualification:The applicant must be a company incorporated in Hong Kong,Or an overseas company registered with the Hong Kong Companies Registry。
  2. Competence:Licensed corporations and registered institutions when conducting relevant business,Risks that may be faced in the business process must be effectively managed,including establishing an appropriate business structure、Good internal control system and deployment of qualified business personnel。
  3. licensed representativeAll persons carrying out regulated activities need to be licensed representatives。

licensed representative、Responsible personnel and shareholder requirements

The requirements for a licensed representative are similar to those for a responsible officer,But the required qualifications and experience are relatively few。Deployment of responsible personnel and licensed representatives,It is an important step for the Hong Kong Securities and Futures Commission to evaluate whether the applicant has the ability to continue to operate in compliance with regulations.。

All major shareholders must be "fit and proper"。Major shareholders refer to shareholders who hold more than 10% of the equity or voting rights,Relevant personnel must meet the "fit and proper person" criteria stipulated by the Hong Kong Securities and Futures Commission。

Fiscal capacity and regulatory capital requirements

Applicants must maintain adequate financial resources。Depending on the type of regulated activity applied for,The minimum paid-up share capital requirement for applicants ranges from 0 to 30 million Hong Kong dollars.。

also,All Hong Kong SFC-licensed corporations are required to meet different regulatory capital requirements,i.e. “liquid capital” requirement。Companies should fully evaluate equity arrangements before applying、working capital、Operating costs and ongoing compliance costs,Avoid insufficient financial resources affecting approval or operations。

Hong Kong company tax and accounting information requirements

According to Hong Kong company laws,All companies operating business in Hong Kong,Must keep appropriate records and accounts of its income and expenses,in order to determine its profit。

Apply for Hong Kong 1、4、9No. financial license and license transfer process,If it involves accounting,Enterprises should properly keep the following information,And ensure that relevant documents can reflect the company name:

  • bank statement;
  • sales invoice;
  • Purchase invoice;
  • Transaction receipts from bank statements;
  • All business expense documents;
  • Lease contracts and other related documents。

Hong Kong profits tax geographical source principle

Hong Kong adopts the geographical source principle for taxation。Profits derived from Hong Kong must be taxed in Hong Kong;Profits from elsewhere,You do not have to pay profits tax in Hong Kong。

If business occurs in Hong Kong,The relevant profits will be deemed to be derived from Hong Kong,and need to pay taxes to the Hong Kong government。Determine whether business occurs in Hong Kong,This can usually be verified from the following aspects:

  1. Whether the supplier and customer are Hong Kong merchants;
  2. Order、Whether the contract signing process took place in Hong Kong;
  3. Whether customs declaration occurs in Hong Kong、Activities such as receiving and shipping;
  4. Whether there are any business records with the Hong Kong government, etc.。

About Hong Kong Xintong

Hong Kong Xintong focuses onHong Kong Securities and Futures Commission licenseHong Kong Insurance Broker LicenseHong Kong MSO Licenseandmoneylenders licenseApply for service,Assist customers to applyUS MSB license、NFA、RIA、Canadian MSB license、Mainstream overseas financial licenses such as Australia and Mexico,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableCayman Islands Offshore Company Registration、Offshore fund establishment and global compliance operations and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant

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Lin Zixuan

Owned by Mr. Lin Zixuan 15 year securities、Asset management and investment banking experience,Served as senior compliance officer in several licensed financial institutions。He is well versed in the Hong Kong Securities and Futures Commission (SFC) regulatory requirements,Successfully dominated the SFC 1st 1、4、9 Application and annual maintenance of licenses (including RO licenses for legal persons and individuals)。He is particularly skilled in developing and enforcing financial resource rules (FRR)、internal control system,as well as ensuring that the company is fully compliant with the SFC’s requirements in terms of customer vetting (KYC) and anti-money laundering (AML/CFT),To meet strict regulatory compliance standards。

Areas of expertise:SFC license (Type 1, 4, 9) Application and maintenance、RO/MIC Approval、internal control system、Client Asset Rules (FRR)、KYC/Anti-Money Laundering Policy

Previous institutions:international investment bank、Licensed securities trading company、asset management company

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