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Regulation of foreign financial institutions in Hong Kong

Improved
Security Process Standards

Our recent company updates have improved many sectors of governmental regulations and security by creating a hub for all financial institutions.

Regulating for the future

We oversee, regulate and inspect foreign financial institutions operating in Hong Kong. Additionally, we oversee the functioning of national currencies and manage exchange control transactions. In addition, we provide support to other authorities with the detection and prevention of financial crimes. And finally, we offer expert advice to institutions on all things financial and monetary.

Our goal is to oversee the entire financial services sector in order to ensure compliance with international standards and best business practices. We are responsible for brokerage, fiduciary, insurance, investment, company management, company registration and intellectual property.

Goals that Matter

We partner with regulated financial firms to monitor and protect the public from any unauthorized businesses that operate in the sector. We oversee and regulate all industry practitioners in this field, including regulatory matters.

We suggest that governments keep in mind the standards and regulations that are compatible with international standards when making decisions that impact the financial services industry. This will help ensure the long-term competitiveness of this sector.

Our Role

As a regulatory body authorized to oversee financial services and businesses conducted in multiple jurisdictions, we are able to anticipate new developments and provide policy-based supervision in advance. We are accountable for our actions, maintaining fairness while implementing efficient management practices. Our Board of Commissioners establishes policies, enforces them, and keeps an eye on how the financial sector is being managed for the good of all.

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Functions

  • The international nature of finance and the financial services industry means that regulators must have regular contact with foreign authorities. This includes keeping in touch with officialdom from other countries as well as monitoring ongoing developments.

  • Monitor the effectiveness of financial services legislation;

  • Sustain confidence in the global financial services industry and contribute to its growth and development while contributing to global peace and stability.

  • Ensuring a well-regulated financial environment that provides quality products and services for the benefit of investors is essential. Financial institutions must strive to provide quality products and services in order to maintain their reputation and retain their customers.

  • Ensuring that all firms and individuals authorized to provide financial services in and from within their jurisdiction are competent and financially sound is vital for consumer protection. Firms and individuals who fall short of these standards may put the safety and security of their customers at risk.

  • Enforce financial services regulatory laws by controlling the perimeter of regulated activities and targeting anyone who violates them. Police any individual or business that breaks international laws governing finance.

This guideline provides practical guidance for licensed companies in designing and implementing their own anti-money laundering and counter-terrorist financing policies, procedures, and controls. It is aimed at meeting all relevant legal and regulatory requirements.

We have international agreements with various overseas supervisory authorities in the form of Memoranda of Understanding. Cooperative work is necessary so that international activities are taken into account as the financial markets become more globalized.

Protection

Money Laundering

We are responsible for receiving and analyzing reports of suspicious activity in connection with money laundering, and if necessary forwarding them to the relevant law enforcement agencies. Money laundering is a worldwide problem, prevalent in all jurisdictions.

In times like these, offshore financial centers can be targeted by launderers. The fight against this crime is never-ending and we must remain constantly vigilant if we want to protect ourselves. It's the same for everyone else: we need to stay on our toes and keep an eye on the reliability of our security measures.

Our goal is to prevent abuse from becoming a common occurrence and help quickly notify us if it occurs. We have a specialized department that publishes annual statistics on developments in the fight against money laundering, organized crime and terrorist financing. Typologies that are useful for training financial intermediaries are also published annually.

Our money laundering department is not a police authority, but rather an administrative unit with special tasks. Its objective is to foster a quick, safe and legally sound exchange of information in order to combat money laundering.

Regulatory Liaison

As financial markets continue to globalize, potential illicit activities such as cross-border crime and theft have increased.

The coordinated international cooperation between financial regulators is essential in order to comprehensively monitor international financial institutions and protect the financial system and consumers from criminal activity.

We maintain a reputable international regulatory structure that is highly commited to compliance with the highest standards of best practice. We also work diligently to keep in compliance with the most demanding international standards.

We are able to exert many of these powers in order to assist overseas regulatory authorities. These laws also provide gates that enable us to communicate information that is held by another regulatory authority in order to assist that authority in the exercise of its supervisory functions.

Information Disclosure

We are able to voluntarily disclose any information necessary to enable authority to carry out its regulatory functions, including the execution of civil or administrative investigations or enforcement proceedings.

Our Board of Advisors have reached the conclusion that the intended recipient is subject to appropriate legal restrictions on further disclosures which must encompass a provision of an undertaking of confidentiality.

The Board of Directors will consider whether the request for cooperation constitutes a violation of applicable laws or regulations, which are not similarly regulated in offshore jurisdictions.

The Offshore Investment Services Act 2001 establishes the regulatory framework for overseeing firms that provide investment services. Information is obtained through requests based on the Desideratum test, which requires specific details about a case. Details required by other regulators can be requested through an application for a stated case, with the approval of our board of directors.

License Supervision

We are responsible for safeguarding licensed institutions as well as monitoring companies and people who violate supervisory law without the corresponding license.

We provide information on individual proceedings where this is necessary from a supervisory perspective, in particular if the information is required to protect market participants or supervised institutions, to correct inaccurate information or to repair our reputation as a financial regulator.

The received and processed report cases are carefully investigated in order to prevent fraud. We advise all potential and existing investors to scrutinize us to determine a company’s status and suitability by requesting from us, in writing, a company search of the said company.

If you believe that a company has committed fraud or been in any way involved in financial wrongdoing, please gather as much information as possible and use our contact form at the bottom of the page to provide us with the information.

Financial Cyber Crime

Cyber-attacks pose a major threat to financial service providers because they are often in charge of managing and transferring large sums of money. Furthermore, these organizations tend to collect and store sensitive client information, which can be shared with other parties (such as outsourced service providers).

We would like to bring attention to the risks of inadequate cyber security for regulated entities and point out a number of key legal and regulatory provisions that are pertinent to this issue.

Computer hacking typically involves someone gaining unauthorized access to a computer or network by exploiting an existing security weakness. Methods of computer hacking include password cracking, installing trojan horses and logging keystrokes.

Phishing is a type of cybercrime that involves fake emails or instant messages that appear to come from legitimate businesses. The emails and messages typically contain URLs that link to malicious web pages which may look almost identical to legitimate sites.

Arbitration & Complaints

Arbitration services work towards promotion of Alternative Dispute Resolution, as a means of dispute resolution. The main reason that parties should elect to have their investment disputes resolved through this arbitration service is to avoid the uncertainties associated with litigation in national courts and the resulting need to enforce judgments in a foreign court.

The ability to resolve disputes in a neutral forum and the enforceability of binding decisions are often cited as the main advantages.

When making a complaint against a financial service's company or an individual, the information we would need you to provide would be detailed information.
- Your Name
- Your address
- Daytime telephone number
- Name of the company, its registration number and the individual/s you dealt with
- Details of what you may be dissatisfied with.

We will investigate your complaint and issue a reply within 20 working days, or if this is not possible, update you on the progress of the investigation within that time frame.

Securities Laws & Policy

The rules we adhere to are based on a balance of the security regulators globally and are referred to as a process requirement. All rules, laws and policies are available under the regulatory securities Laws & Policy Vault.

‘Orders’ are the decisions made by the members and the executive director. Those that are of general effect and are relevant to many market participants can be found under Designation Orders. Those that relate to a particular market participant will typically be found under issuer or market registration regulations.

Some of the notices or policies are issued on a harmonized basis with the other international securities regulators, while others are only issued by ourselves. These policies are applicable to all businesses undertaking regulated activities.

Security Laws and Policies Overview – These are the main acts that covers rules and regulations to be followed by Financial Services Entities that are under supervision. These ‘acts’ are mandatory and all must be compliant to be able to offer financial services to consumers worldwide.

Financial Services Act

The Financial Services Act is followed to repeal and replace with modifications certain enactments relating to the financial services industry and for connected purposes. This is the ACT which makes provision about the constitution, functions, proceedings and status of the Authority. The objective of this Act secures the appropriate degree of protection for policyholders and creates the reduction of financial crime, thereby supporting economies and their development as international financial centers.

This covers all these classes:

  • Deposit Taking (DT)
  • Investment Business (IB)
  • Corporate Services (CS)
  • Trust Services (TS)
  • Money Transmission Services (MTS)

Collective Investment Act

The Collective Investment Schemes Act is the main act that sets out the statutory framework for the promotion and regulation of collective investment schemes. This act centers in the arrangements with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements, to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of those profits or income.

Current Fund Types:

  • Regulated Fund
  • Qualifying Fund
  • Specialist Fund
  • Exempt Scheme

Retirement Benefits Act

The objective of this act is to make new provision for the registration, authorization, recognition, regulation and supervision of certain retirement benefits schemes and for all related purposes. This covers all retirement benefits programs. It ensures transparency between the company and the consumer. The Schemes Act sets out a new legislative framework for private pensions. This aims to make greater risk sharing between employers, individual members and third parties easier.

This covers:

  • Domestic Authorized Schemes (DAS)
  • International Authorized Schemes (IAS)
  • Permitted Schemes (PS)
  • Recognized Schemes (RS)

Insurance Act 2015

The objective of this act is to re-enact with amendments certain enactments related to the regulation of persons carrying on insurance business and the regulation of insurance managers and insurance intermediaries; and for connected purposes. This governs the entirety of an investment business from business registration, process and operations. It is to oversee that all entities are compliant to all orders and rules of the said act.

This includes:

  • Life Insurance (LI)
  • Non-life insurance (including Captive Insurance) (NLI)
  • General Insurance Intermediaries (GII)
  • Protected / Incorporated Cell Companies (PCC / ICC)
  • Special Purpose Vehicles / Insurance Linked Securities (SPV/ILS)
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Regulated Institutions

A
Aacom Communications Corp
AE Bruggemann & Co. Inc
AGR Trading LLC
AIG Clearing Corp.
Alliance Financial, LLC
Alon USA, LP
American Pacific Futures
Anglian Commodities Fund Limited
AQR Capital Management
Aquila, Inc.
Athena Capital Research
Avant Asset Management
B
Bach Financial Limited
Bank of America Futures, Inc.
Bank of America N.A.
Bank of Montreal
Bank of Nova Scotia
Bank of Oklahoma Bank Vontobel AG
Barclays Bank PLC
Barclays Capital Inc.
Birch Brokerage
Black Oak Capital, LLC
Blue Capital Group
BNP Paribas CIT
BRNZ Commodities, LLC
C
C.F.D. Commodities
Canadian Imperial Bank of Commerce (CIBC)
Citadel Investment Group
Citibank NA
Commerzbank International SA
Convergence Capital Group
Credit Suisse First Boston, LLC
D
Deutsche Bank AG, London
Dominion
Dow Corporation
Draxis Energy Management LP
Dresdner Bank
DBS
E
Edison Mission
Elliott International, LP
Energy Marketing - A Divison of Amerada Hess Corporation
Energy Transfer Corp.
Entegra Capital Management, LP
Entergy Koch Trading, LP
Evolution Markets, LLC
EWT, LLC
F
Fidelity Investments
First New York Securities, LLC
First Energy Solutions Corp.
Fountain Of Fortune Management CCL
FPL Power Marketing, Inc.
Future Dynamics
G
G & H Commodities
Gelber & Associates Corp.
Gibson Energy Ltd.
Glencore Commodities Ltd.
Global Standard Capital
Goldman, Sachs & Co.
Goldman, Sachs & Co. (London)
Graham Capital Management, LP
Griswold Capitol Management, Inc.
GS Trading Partners, LLC
H
Hang Seng Bank
Heritage Capital, LP
Hin Leong Trade Pte Ltd
Horizon Commodities, Ltd.
Hornsby & Co. Inc.
HPR commodities, LLC
HSBC
HSH-Nordbank
Hudson Capital
Hunter Capital
Hencorp Futures
I
IBS Futures
ICAP United
IGC Asia Pte Ltd
ING Bank
Intermarket Brokerage, LLC
International Power America
International Trading Group LLC
IPLOM SPA
ITG, Inc.
J
J. Aron & Co.
J.P. Morgan Futures, Inc.
James Valley Ethanol
Jefferies Real Asset Master Fund, Ltd
Jeffries & Co.
JP Morgan Chase Bank, Inc.
Jump Trading, LLC
K
Kansas Energy Partners, LLC
KG Capital
Kitco, Inc.
KMAC Trading
Koch Supply & Trading, LLC
Kyte Group Limited
L
LC Energy
Lim Asia
Lind-Waldock & Co.
Lodge Capital Group LLC
Louis Dreyfus Canada Energy, LP
LukoilPan Americas, LLC
Lavinia LLC
M
M.L. Commodities
Mac Trading, Inc
Madison Tyler Trading
Man Financial Limited
Marlow Matsumoto
Maxcreation Investment Ltd.
MBF Clearing Corp.
Merchant Commodity Fund
Mercuria Energy Trading SA
Merrill Lynch
Merrill Lynch Commodities, Inc.
Merrill Lynch Pierce Fenner & Smith
MF Global
Morgan Stanley
Morgan Stanley Capital Group Inc.
Morgan Stanley Dean Witter
MSC Trading, LLC
N
N.M. Rothschild & Sons Ltd.
National Australia Bank
National Bank of Canada International
National Gas Distributors (NGD)
National Trading, LLC
Natural Futures Inc
Nehemiah-Pritiva.Umbrella Fund S.A.
Nestle USA
New Jersey Natural Gas Co.
Newedge Canada
NGTS, LLC
Nishimori Associates Inc.
Noble Gas Marketing, Inc.
NMR Trading
North Shore Gas Company
NorthBay
Northville Holding Corp
Northwest Metals, Inc.
Nova Commodities Inc.
NRG Power Marketing Inc.
O
Oceantrade SA
OCI Wyoming LP
OilSpace Inc.
Old Lane Commodities, LP
OMI Corporation
Ontario Hydro
Ospraie Portfolio Ltd.
Occam Asset Management
P
Pacific Gas and Electric
Patterson Capital Markets
Peoples Energy Resources Company
PEPCO Energy Services
Peregrine Financial Group
Petrobras Intl Finance
Petrocom Ventures, Ltd.
Pioneer Futures
Plains Marketing, LP
Powerex Corp.
Powerline Petroleum, LLC
PPM Energy, Inc.
Prime International Trading Ltd
Progress Ventures
Proliance Financial, LLC
Prudential Financial Derivatives, LLC
Public Service Company of Colorado
Q
Q-Rock Energy Trading
Quaestus Trading, LLC
Quiet Light Trading, LLC
R
R.J. O’Brien & Associates, Inc.
Radegun Investment, LLC
Rafferty Energy Group
RAM Energy Investments, LLC
Ramius Capital Group, LLC
Rand Financial Services
Rayner & Stonington Trading Co., LLC
Richardson Energy Marketing Ltd.
Risk Management Incorporated
Risk Metrics Group
Ronin Capital, LLC
Rosen Brener Group, Inc.
Rosenhof Partners Ltd.
Rosenthal Collins Group
Royal Bank of Canada
S
SAC Capital Advisors, LLC
SCS Commodities Corp
SemGroup, LLC
SESCO Enterprises, LLC
Shell Trading (US) Company
Sirius Investment Management, Inc.
Societe Generale
Societe Generale Energie (USA) Corp.
Southern California Gas Company
Split Rock Energy, LLC
Square Investment Management
Standard Bank London Limited
Standard Chartered Limited
Star Supply Petroleum Inc.
Sterling Commodities Corp.
Stevens Capital Management
Supreme Oil Co.
Swiftwater Capital Management LP
Syntex Energy
T
Tahoe Trading
TD Securities (USA) Inc.
Team Futures Inc
Term Commodities
Tewksbury Investment Fund Ltd.
Texas Petrochemicals Corp.
TMP Trading
Tokyo Mitsubishi International Plc
TotalFinaELF
Traditional Financial Services Ltd.
Tudor Proprietary Trading, LLC
U
U.S. Energy Services
U.S. Oil & Refining Company
UBS
UBS Securities
Union Electric
Union Financials
United Energy Trading
Upstream Energy Services, LP
V
Valero Marketing & Supply Co.
Valhalla Capital Advisors, LLC
Valkyrie Investment
Van/Ecker Couder & Associates
Vanguard Energy Services
Vantage Trading
Vitol Capital Management Ltd.
W
Wells Fargo & Company
Wells Fargo Bank, N.A.
Westport Petroleum, Inc.
Williams Power Company, Inc.
(The) Windham Group, Inc.
Woodward Marketing, LLC
World Fuel Services
WPS Energy Services
WTD Consulting, Inc.
X
Xcel Energy
Xconnect Trading Ltd
XL Trading Partners Ltd.
Y
Yamawa Asset Management Ltd
Yes! XChange
Yunos Trading
Z
ZE PowerGroup
Zenith Capital and Trading, LLC
Zone Energy Group

Contact Us

For more information about any regulated entities or if you have any questions about the services we provide please fill in the form below with as much detail as possible.

Contact Form

Contact Details

contact@hkfcr.org