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Hong Kong No. 9 License Application:Admission conditions、Responsible Personnel and Capital Requirements

Financial card care question

Hong Kong serves as an important offshore and non-offshore center for Asia’s financial markets,Maturity in regulatory architecture、Professional service capabilities and financial product development are at the forefront of the international financial market.,It has always been the core platform for international investors to enter the Asian market.。Since the A-share market has not yet been fully internationalized,,More and more private equity fund management institutions choose to set up companies in Hong Kong,Using Hong Kong as a platform to introduce overseas investors、An important base for carrying out cross-border investment, financing and asset management business。

Many well-known private equity institutions in the market have applied or plan to applyHong Kong Securities and Futures CommissionClass 9 license。Hong Kong license number 9Mainly used for overseas investment, financing and asset management related businesses,It is also the type of financial license that companies focus on when building an international asset management platform.。For those who are also concerned about Hong Kong’s No. 1 securities trading license、Hong Kong License No. 1 and No. 9 License Combination,orHong Kong License No. 149Organizations applying for and transferring arrangements,The early stage should focus on evaluating the business model、Staffing、Internal controls and capital requirements。

Hong Kong No. 9 License Application Subject Requirements

Entities applying for Hong Kong financial licenses,Must be a company incorporated in Hong Kong,or a non-Hong Kong company registered with the Hong Kong Companies Registry。Before the company starts the application,The company structure should be confirmed first、Equity arrangement、Whether the allocation of directors and senior management personnel meets the basic regulatory requirements of the Hong Kong Securities Regulatory Commission for licensed corporations。

Competencies and internal control requirements

The applicant organization must have an appropriate business structure、Complete internal control system and qualified personnel,To ensure that when carrying out the proposed business listed in the business plan,able to effectively identify、Manage and control related risks。

In terms of competency and internal control,Applicants usually need to focus on the following documents issued by the Hong Kong Securities and Futures Commission:

  • "Guidelines on Competence";
  • Code of Conduct for Persons Licensed or Registered with the Securities and Futures Commission;
  • "Applicable to the Management of Persons Licensed or Registered by the Securities and Futures Commission"、Supervision and Internal Control Guidelines"。

Responsible personConfiguration requirements

For each type of regulated activity applied for,The applicant organization must establish a responsible personnel structure that meets regulatory requirements。Responsible personnel not only assume daily business supervision responsibilities,It is also an important review focus for the Hong Kong Securities and Futures Commission to evaluate whether the applicant institution has the ability to continue to operate in compliance.。

  1. For each type of regulated activity applied for,The applicant organization must appoint at least two responsible officers,Direct supervision of relevant regulated activities to be carried out。
  2. For each type of regulated activity applied for,The applicant organization must ensure that at least one responsible person is available to supervise the relevant operations at all times。
  3. The person appointed is a fit and proper person,and on the premise that the relevant arrangements will not cause role conflicts,The same person can be appointed as a responsible officer for more than one type of regulated activity。
  4. Among the responsible officers to be appointed,At least one must be a person as defined in the Securities and Futures Ordinanceexecutive Director

Executive Director and Approval Application Requirements

All executive directors of the applicant organization must seek approval from the Securities and Futures Commission of Hong Kong,to become a responsible officer of the corporation。When a company submits a license application,Approval applications for all proposed responsible officers should be submitted to the Securities and Futures Commission of Hong Kong simultaneously.,for regulatory review。

in practical operation,Resume of person in charge、Industry experience、Past compliance record、Time available、Division of responsibilities and degree of matching with business plan,It will affect the overall application progress and approval results.。

major shareholder、Suitable qualifications for senior personnel and related personnel

Major shareholder of the applicant institution、senior staff、Any other person employed or to be employed in relation to the regulated activity to which the application relates,and any other person who is or will be in contact with the applicant organization in connection with such activities,All candidates must be suitably qualified。

For the relevant fit and proper qualification requirements, please refer to Section 129 of the Securities and Futures Ordinance。The Securities and Futures Commission of Hong Kong usually starts with integrity、ability、fiscal soundness、reputation、Comprehensive assessment of past supervision records and whether there is any conflict of interest.。

financial resources andcapital thresholdRequire

The applicant organization must at all times be responsible for the type of regulated activity for which it is applying for a license.,Maintain paid-up share capital and liquid capital at no less than the relevant amounts specified in the Securities and Futures (Financial Resources) Rules。

If the applicant organization applies for more than one type of regulated activity at the same time,Paid-up share capital and liquid capital to be maintained,The amount specified for each type of regulated activity applied for will be higher.。

In relation to the financial resource requirements under normal circumstances for Type 9 regulated activity,A licensed corporation is required to maintain the following amounts:

  • Amount of paid-up capital:5,000,000Hong Kong dollar;
  • Liquidity amount:3,000,000Hong Kong dollar。

Advice on application and transfer of Hong Kong No. 149 license

If an enterprise plans to apply for a Hong Kong asset management license,Or evaluate the existing Hong Kong No. 149 license transfer arrangements,Comprehensive due diligence should be completed prior to transaction or application,Includes license plate status、Historical business、Personnel structure、financial resources、Compliance records、Client Asset Arrangement、Pending regulatory matters and feasibility of subsequent changes。

Hong Kong Xintong can assist enterprises in evaluating Hong Kong No. 1 licenses、9No. 149 financial license and related application and transfer paths,around company structure、Responsible for staffing、business plan、internal control system、Demonstration of financial resources and SFC communication strategy,Provide professional compliance support。


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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