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香港MSO牌照办理,What are the process conditions?

Financial card care question

香港MSO牌照办理流程条件有哪些?众所周知香港市场是执行金融牌照管理制度而获得MSO牌照后也就意味着在港货币以及外汇市场上获得了通行证企业或者机构也可以同时开展股票、financial derivatives,Trading in foreign exchange and gold。 现本公司有间香港金钱服务公司准备转让需要联系同时也接受MSO牌照代办

支持初步审核需求方香港公司情况,Provide corresponding compliance advice on newly issued licenses,可提供持牌人办公场地以及专业的合规顾问、Accountant、Lawyer services。彭易经理期待为您服务

  1. 1Who needs to apply for a license? Anyone who operates or intends to operate a money service needs to apply for a license。
  2. 2Who is eligible to obtain a license?

According to section 30 of the Ordinance(3)strip,The Commissioner may only do so if he is satisfied that:,before granting the applicant a license to operate a money service or renewing the license held by the applicant— (a)If the applicant is an individual,the individual and each ultimate owner are fit and proper persons to operate the money service; (b)If the applicant is a partnership,Each partner and each ultimate owner of the partnership is a fit and proper person to carry on money services; (c)If the applicant is a corporation,Each director and each ultimate owner of the corporation is a fit and proper person in connection with the conduct of a money services business。

  1. 3What is a lifelong owner?
  2. 1Where the license applicant or licensee is an individual,The ultimate owner is one (a)means another individual who ultimately owns or controls that individual’s money services business;or (b)If the first-mentioned individual is acting on behalf of another person,refer to another person。
  3. 2Where the license applicant or licensee is a partnership,The ultimate owner is one (a)has the right, directly or indirectly, to share or control more than 25% of the capital or profits of the partnership; (b)Directly or indirectly entitled to exercise more than 25% of the voting rights in the partnership,or the exercise of voting rights that govern that proportion;or (c)exercise ultimate control over the management of the partnership。
  4. 3Where the license applicant or licensee is a corporation,The ultimate owner is one (a)own or control, directly or indirectly(Includes holding through trust or bearer shares)More than 25% of the issued share capital of the corporation; (b)Directly or indirectly entitled to exercise more than 25% of the voting rights at general meetings of the corporation,or the exercise of voting rights that govern that proportion;or (c)may exercise ultimate control over the management of the corporation。
  5. 4适当人选是甚麽意思?

关长在断定某人是否适当人选时,The following factors must be taken into account: (a)whether the person has ever been convicted of a crime (i)本条例第5(5)、(6)、(7)or(8)、10(1)、(3)、(5)、(6)、(7)or(8)、13(1)、(3)、(5)、(6)、(7)or(8)、17(9)、20(1)、61(2)或66(3)Offenses under Article; (ii)《联合国(反恐怖主义措施)Regulations(第575章)第14(1)Offenses under Article; (iii)《贩毒(追讨得益)Regulations(第405章)第25(1)、25A(5)or(7)条所 订罪行或附表1指明的罪行;or(iv)《有组织及严重罪行条例》(第455章)第25(1)、25A(5)或8条所订罪行或附表1或2指明的罪行; (b)该人是否曾在香港以外地方被裁定— (i)就某作为犯了某罪行而该作为假若是在香港作出即会构成(a)(i)、(ii)、(iii)or(iv)指明的罪行; (ii)犯关乎洗钱或恐怖分子资金筹集的罪行;or (iii)犯任何罪行而该人曾有欺诈性舞弊或不诚实的作为的裁断对该项定罪属必不可少; (c)whether the person repeatedly fails to comply with any requirements imposed under this Ordinance

Require

或关长根据第51条订立的任何规例; (d)(if the person is an individual)该人是否未获解除破产的破产人或《破产条例》(第6章)下的破产程序的标的; (e)(if the person is a corporation)Is the person in the process of liquidation?,or whether the subject of any winding up order,or whether a receiver has been appointed in respect of that person。


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Chen Weilun

Chen Weilun, money service operator in Hong Kong (MSO) Compliance and regulatory practice areas include 12 years of experience。He served as head of the compliance department of the local payment and currency exchange licensing authority,Directly responsible for MSO license application、Anti-money laundering / Customer due diligence system (AML/KYC)、risk assessment design、Establish daily monitoring procedures and communicate with the Customs Department for review and other compliance tasks。

Areas of expertise:MSO license application、AML/KYC system、risk assessment、daily monitoring procedures、Customs Department review communication。

Previous institutions:Hong Kong MSO Payment Institution & Head of Compliance Department

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