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Hong Kong MSO license application:Eligibility、Definition of ultimate owner and fit and proper criteria

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Hong Kong implements financial license management system,obtainMoney Services Operator (MSO) License,Equivalent to holding a pass to Hong Kong’s currency and foreign exchange markets,Companies or institutions can use this to conduct stock trading、financial derivatives、Trading in foreign exchange, gold and other products。Hong Kong Xintong currently has oneHong Kong Money Services Companyavailable for transfer,Applications for MSO licenses are also accepted.,Can assist with initial compliance audits,Provide licensee、Office space and professional compliance advisors、Accountant、One-stop services such as lawyers。

License applicationEligibility and Conditions

Who needs to apply for a license

Any person who operates or proposes to operate money services,All need to apply for a license。

Statutory conditions for grant of license

According to Section 30 of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance(3)strip,The Commissioner will only do so if he is satisfied that the following circumstances exist:,before granting or renewing a license to an applicant—

  • If the applicant is an individual,the individual and eachultimate ownerAll operate money servicessuitable person
  • 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;
  • 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。

Definition of ultimate owner

For the purposes of this license,The ultimate owners are classified according to the applicant as follows::

  • As far as the applicant is an individual,Ultimate owner means another individual who ultimately owns or controls that individual’s money services business,or if the first-mentioned individual is acting on behalf of another person,refer to another person。
  • So far as the applicant is a partnership,The ultimate owner is an individual who meets one of the following conditions—
    • has the right, directly or indirectly, to share or control more than 25% of the capital or profits of the partnership;
    • 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;
    • Exercise ultimate control over the management of the partnership。
  • Where the applicant is a corporation,The ultimate owner is an individual who meets one of the following conditions—
    • Directly or indirectly owns or controls (including holding through trust or bearer shares) more than 25% of the issued share capital of the corporation;
    • 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;
    • May exercise ultimate control over the management of the corporation。

Factors for assessing fit and proper candidates

When the Commissioner determines whether a person is a fit and proper person,The following factors must be taken into account:

  1. whether the person has ever been convicted of—
    • Section 5 of this Ordinance(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)or 66(3)Offenses under Article;
    • United Nations (Anti-Terrorism Measures) Regulations (Cap. 575) Section 14(1)Offenses under Article;
    • Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) Section 25(1)、25A(5)or(7)Offenses under Article,or an offense specified in Schedule 1;or
    • Organized and Serious Crimes Ordinance (Cap. 455) Section 25(1)、25A(5)or an offense under section 8,or an offense specified in Schedule 1 or 2。
  2. whether the person has ever been convicted outside Hong Kong—
    • Committed a crime for a certain act,And if the act is done in Hong Kong,will form(a)(i)、(ii)、(iii)or(iv)specified offense;
    • Commit an offense relating to money laundering or terrorist financing;or
    • commit any crime,and the person has been fraudulent、A finding of fraud or dishonesty is essential to the conviction。
  3. whether the person repeatedly fails to comply with requirements imposed under this Ordinance or any regulations made by the Commissioner under section 51;
  4. if the person is an individual,whether the person is an undischarged bankrupt or the subject of bankruptcy proceedings under the Bankruptcy Ordinance (Chapter 6);
  5. 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。

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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Picture of Chen Weilun

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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