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Haider Jamal

May 23, 2023

Crypto Exchange License Applications Will Soon Be Accepted By Hong Kong Securities Regulator

Starting June 1st, the Hong Kong Securities and Futures Commission (SFC) will begin accepting applications for licenses from cryptocurrency exchanges. The SFC has issued guidelines that prohibit the offering of crypto gifts aimed at incentivizing retail investments, including airdrops. It has also stated that stablecoins should not be allowed for retail trading until they are regulated.

According to the latest consultation on policy recommendations, licensed virtual asset providers will be allowed to serve retail investors as long as they assess the overall understanding of the investors and associated risks. The SFC sought public feedback on its initial policy recommendations in February before finalizing them.

The guidelines place the responsibility on platform operators to conduct thorough due diligence, emphasizing that meeting the minimum requirement of being included in two acceptable indices is not sufficient for listing a cryptocurrency for trading.

Under the new rules, crypto exchanges must also maintain a minimum capital of $640,000 (USD) at all times. They are also required to submit reports on available and required liquid capital, a summary of bank loans and credit facilities, and profit and loss analyses to the SFC on a monthly basis. In addition, approved tokens on regulated exchanges must have a 12-month track record.

The SFC mentioned that it will separately consult on the inclusion of derivatives, which are crucial for institutional investors. Regarding the implementation of the travel rule by the FATF, which involves sharing information on crypto transactions between financial institutions, the SFC will accept delayed submission of required information until January 1st, 2024, if immediate submission is not feasible during the virtual asset transfer.

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