Securities and Futures Commission

    Securities / Derivatives

    SFC Provides Additional Guidance on Sale of Complex Products

    By Editors | 14/06/2019

    Paragraph 5.5 of the Code of Conduct is only applicable for unsolicited purchases of complex products. Intermediaries can apply a risk-based approach to disclosures for repeat purchases.

    Market Infrastructure

    SFC Directs Prime Brokers on Regulatory Obligations

    By Manesh Samtani | 11/06/2019

    If prime services are carried out in Hong Kong, prime brokers are expected to comply with Hong Kong rules and regulations regardless of where the risk positions are booked.

    Securities / Derivatives

    SFC Asks Licensed Firms to Review Controls on Third-Party Deposits

    By Editors | 01/06/2019

    Senior management will be held accountable for failures to put in place effective policies, procedures and controls for handling third-party deposits and payments.

    Enforcement

    SFC Fines China Merchants Securities for Mishandling Client Money

    By Editors | 31/05/2019

    China Merchants Securities has received a second fine this week, this time for using funds from client trust accounts for purposes not allowed under the SFC’s Client Money Rules.

    Market Infrastructure

    Hong Kong, China Agree to Cooperate on Audit Regulation

    By Editors | 28/05/2019

    Hong Kong’s Financial Reporting Council will be able to access audit papers located in the mainland “through an effective mechanism and clear procedures”.

    Enforcement

    SFC Fines China Merchants Securities for IPO Sponsor Failures

    By Editors | 28/05/2019

    China Merchants Securities was a joint sponsor with UBS – fined in March – for the 2009 IPO of China Metal Recycling, which was found to have fabricated financial information.

    Securities / Derivatives

    SFC Investigation Disclosure Obligation Presents Challenge to Industry

    By Manesh Samtani | 24/05/2019

    The SFC has clarified aspects of the new disclosure obligation, but concerns remain over logistical and administrative burdens, say ASIFMA and Herbert Smith Freehills.

    Enforcement

    Hong Kong ICAC Files Charges Against Former Convoy Director

    By Manesh Samtani | 18/05/2019

    Charges were laid against Cho Kwai Chee, a former director of Convoy Global Holdings, one of the companies said to be at the centre of the so-called ‘enigma network’.

    Enforcement

    SFC Warns Brokers, Traders on Client Facilitation Conduct

    By Manesh Samtani | 17/05/2019

    The SFC has found brokers that are failing to comply with the expected standards on client facilitation, and plans to take action against both individuals and firms.

    AML / KYC

    The Need for a Cross-Sector & Cross-Jurisdictional AML Regime

    By Claus Christensen | 16/05/2019

    It’s time to have a conversation about implementing real AML information sharing across organisations, sectors and jurisdictions, writes Claus Christensen at Know Your Customer Ltd.

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