As the internationalization of domestic capital markets deepens,More and more management institutions choose to enter the Hong Kong market,Introduce overseas investors by setting up a company。It is understood,Many private equity fund managers are interested in applyingHong Kong license number 9,Use Hong Kong as a platform to attract international investors。According to Hong Kong’s Securities and Futures Ordinance,9The license mainly covers the provision of securities or futures contract portfolio management services。
General licensing requirements
Securities Regulatory CommissionLicenses will only be issued to applicants (including companies or persons) who meet the fit and proper criteria,and evaluate from the following aspects:
- Financial condition and solvency;
- Academic or other qualifications and experience,and considerations in this regard must have regard to the nature of the functions proposed to be performed by the applicant;
- Are you capable of doing your job competently?、conduct relevant regulated activities honestly and fairly;
- Reputation、character、Reliability and financial soundness。
licensed corporationand individuals affiliated with licensed corporations must comply with other legal requirements including immigration and taxation。
Company licensing requirements
Those who plan to apply for a license in Hong Kongasset management companyMust be a company incorporated in Hong Kong or an overseas corporation registered with the Companies Registry。According to the Securities and Futures Ordinance,Neither sole proprietorship nor partnership will be issued a license。
When assessing whether a company is a good fit,The SFC will consider the company’s financial condition and solvency、Qualifications and experience of company personnel,and whether the company has the ability to conduct regulated activities competently。In terms of competence,The company must demonstrate that it has an appropriate business structure、Good internal control system and qualified personnel,To ensure proper risk management and compliance with relevant rules and regulations。
A licensed asset management company must have at least twoResponsible person。In terms of nationality of licensed individuals and responsible officers,There are no restrictions or special regulations from the Securities Regulatory Commission。At least one responsible officer of the asset management company must be a member of the board of directors,However, if other board members are not actively involved in or responsible for direct supervision of asset management activities,They do not necessarily need to be licensed to be responsible persons in the asset management business。
also,The SFC requires that at least one responsible officer must be based in Hong Kong,in order to directly supervise the relevant business,However, the responsible officer does not need to be in Hong Kong at all times,The condition is that when necessary,The SFC must have immediate access to at least one responsible officer of the asset management company。Except for the person in charge,Any person who is a licensed asset management company or conducts asset management activities on its behalf must be licensed as a representative。
Companies planning to apply for a Securities and Futures Commission license must also meet the relevantfunding requirements。If you hold a Type 9 regulated activity license and will not hold customer information,The company must maintain a minimum liquid capital of HK$100,000。
Continuing responsibilities after licensing
After obtaining the license,The company must maintain the qualifications of a fit and proper person,and comply with all applicable provisions of the Securities and Futures Ordinance and its subsidiary legislation,and codes and guidelines issued by the Securities and Futures Commission。
Companies are required to submit audited accounts and financial statements regularly,The Securities and Futures Commission is also required to notify the Securities and Futures Commission of certain events or information changes related to the company’s business within a specific time limit.。
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