The New Capital Investment Entrant Scheme (New CIES)1 was launched on 1 March 2024 aiming to attract high net worth investors (including foreign and Chinese nationals) to reside in Hong Kong with a permanent residency status...more
On 27 December 2023, the Hong Kong Financial Services and the Treasury Bureau (FSTB) and the Hong Kong Monetary Authority (HKMA) jointly issued a consultation paper (the Consultation) proposing regulatory regime for...more
The Hong Kong Securities and Futures Commission (SFC) published its consultation conclusions on regulation of virtual asset trading platforms (Conclusions) on 23 May 2023. In the Conclusions, the SFC confirmed that virtual...more
The current regulatory requirements in Hong Kong with regards to managing funds that invest in "virtual assets" ("VA") can be summarized as follows – if an asset manager has a licence from the Hong Kong Securities and Futures...more
The Hong Kong Monetary Authority (HKMA) on 12 January 2022 issued a discussion paper on Crypto-assets and Stablecoins. The HKMA received over 50 responses from the public and issued its "Conclusion on Discussion Paper on...more
Contrary to the market's expectation that it would maintain tight regulation of the virtual asset industry, during the Hong Kong Fintech Week 2022, the Hong Kong government announced significant initiatives to open up the...more
This latest edition of the regulatory initiatives paper sets out at a high level the core regulatory issues that are likely to impact private fund managers in the coming months, including an overview of the key actions needed...more
9/22/2022
/ Alternative Reference Rates Committee (ARRC) ,
AML/CFT ,
Anti-Money Laundering ,
Beneficial Owner ,
CFTC ,
China ,
Climate Change ,
Commission Delegated Regulation ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Custody Rule ,
Cybersecurity ,
Digital Currency ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Economic Sanctions ,
ELTIF ,
Environmental Social & Governance (ESG) ,
EONIA ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Financial Services Act ,
Form PF ,
FSOC ,
Fund Managers ,
Hedge Funds ,
Hong Kong ,
ICE Benchmark Administration (IBA) ,
Investors ,
Libor ,
MiFID ,
MiFID II ,
Non-Fungible Tokens (NFTs) ,
Private Funds ,
Proposed Amendments ,
Regulatory Standards ,
REIT ,
Rulemaking Process ,
Russia ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
SFDR ,
Supply Chain ,
Temporary Permissions Regime (TPR) ,
UCITS ,
UK ,
UK Brexit ,
Ukraine
On 27 May 2022, the Hong Kong Securities and Futures Commission ("SFC") and the China Securities Regulatory Commission ("CSRC") published a joint announcement (the "Joint Announcement") on the inclusion of eligible...more
6/20/2022
/ China ,
China Securities Regulatory Commission (CSRC) ,
EFTs ,
Exchange-Traded Products ,
Financial Markets ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Opportunities ,
Joint Statements ,
Policy Statement ,
Popular ,
Stock Connect
In August 2021, the Securities and Futures Commission of Hong Kong ("SFC") published the Consultation Conclusions on the Management and Disclosure of Climate-Related Risks by Fund Managers ("Consultation Conclusions"), that...more
Earlier this year, the Hong Kong government introduced the Inland Revenue (Amendment) (Tax Concessions for Carried Interest) Bill 2021 which drew much attention from the global private equity market. On 7 May 2021, the...more
The Hong Kong Government released the conclusions of its public consultation on a proposed licensing regime for virtual asset services providers ("VASPs") on 21 May 2021 (the "Consultation Conclusions"). Having received broad...more
After six months of consultation, the Inland Revenue (Amendment) (Tax Concessions for Carried Interest) Bill 2021 ("Bill") providing for a tax concession for a 0% profits tax rate on eligible carried interest ("Tax...more
On 30 June 2020, the Hong Kong Inland Revenue Department (IRD) published Departmental Interpretation and Practice Note No. 61 (DIPN 61) on the Profits Tax Exemption for Funds. DIPN 61 clarifies the IRD’s interpretation and...more
Further to the announcement by the State Administration of Foreign Exchange ("SAFE") in September 2019 of its plans to remove the investment quota limitations on two inbound investment schemes – the Qualified Foreign...more
6/9/2020
/ China ,
Financial Markets ,
Foreign Investment ,
Hong Kong ,
Institutional Investors ,
Investment Opportunities ,
People's Bank of China ,
QFIIs ,
Quotas ,
RQFII ,
State Administration of Foreign Exchange (SAFE)
The Hong Kong government on 20 March 2020 published the Limited Partnership Fund Bill ("Bill") which provides for a new limited partnership regime for private funds ("LPF") in Hong Kong.1 As we see a greater number of fund...more
4/8/2020
/ Asia ,
Coronavirus/COVID-19 ,
Delays ,
General Partner ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Management ,
Limited Partnership Funds ,
Private Equity Funds ,
Proposed Amendments ,
Registration Requirement ,
Securities and Futures Ordinance (SFO)
In the midst of the current market volatility in Hong Kong, tumbling oil prices and recent U.S. stock market turbulence, one may say that the markets are in “stressed” conditions. As the impacts of the COVID-19 pandemic on...more
The Hong Kong Securities and Futures Commission (SFC) issued a circular (Circular) on January 7, 2020, which clarifies that private equity firms conducting, or holding themselves out as conducting, regulated activities in...more
The Hong Kong Securities and Futures Commission (SFC) issued a circular (Circular) on January 7, 2020, which clarifies that private equity firms conducting, or holding themselves out as conducting, regulated activities in...more
2/5/2020
/ Asset Management ,
Co-Investment Rights ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Licensing Rules ,
New Circular ,
Private Equity ,
Private Equity Firms ,
Privately Held Corporations ,
Securities and Futures Ordinance (SFO)
The Hong Kong Financial Secretary announced in his 2019-20 Budget speech that the government was seeking to establish a limited partnership regime for funds (LPF), in order to facilitate industry development while maintaining...more
1/18/2020
/ AML/CFT ,
Anti-Money Laundering ,
Asia ,
Cayman Islands ,
Consultation Papers ,
Counter-Terrorist ,
Financial Services Industry ,
Fund Managers ,
General Partner ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Management ,
Investor Protection ,
Limited Partnerships ,
Private Equity Funds ,
Proposed Legislation ,
Recordkeeping Requirements ,
Registration Requirement ,
Safe Harbors ,
Singapore ,
Stamp Duty Land Tax
In light of an increasing demand for virtual asset investment products, the Hong Kong Securities and Futures Commission (SFC) has been taking steps to clarify the legal and regulatory requirements for this market. In this...more
11/6/2019
/ Asset Management ,
Digital Assets ,
Digital Currency ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Funds ,
Investment Management ,
Investment Portfolios ,
Investors ,
Licensing Rules ,
Portfolio Managers ,
Terms and Conditions ,
Utility Tokens ,
Virtual Currency
The Hong Kong Securities and Futures Commission (SFC) has announced that it reprimanded and fined a Hong Kong private equity firm, SEAVI Advent Ocean Private Equity Limited (PE Firm), for employing or appointing unlicensed...more
11/2/2019
/ Asset Management ,
Breach of Duty ,
Code of Conduct ,
Debentures ,
Enforcement Actions ,
Fines ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investors ,
Licensing Rules ,
Private Equity Firms ,
Private Investment Funds ,
Professional Disciplinary Actions ,
Securities ,
Unlicensed Professionals
The Guidelines on Online Distribution and Advisory Platforms (Guidelines) issued by the Hong Kong Securities and Futures Commission (SFC) will become effective on 6 July 2019. With the recent expansion of various online...more
7/3/2019
/ Code of Conduct ,
Complex Financial Products ,
Derivatives ,
Final Guidance ,
Governance Standards ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Funds ,
Investment Products ,
Online Platforms ,
Operators ,
Public Consultations ,
Robo-Advisors ,
Suitability Requirements
A new profits tax exemption ordinance (Bill)1 became effective on 1 April 2019. The Bill introduces a Private Funds Exemption, which has significant implications for the private funds industry. Benefits include: fund managers...more
5/9/2019
/ Amended Rules ,
Business Profits ,
Business Taxes ,
Companies Ordinance ,
EU ,
Hong Kong ,
Non-Residents ,
Private Funds ,
Ring-Fencing ,
Special Purpose Entities ,
Tax Exemptions
After a year of consultation with the mutual funds industry regarding changes that aim to modernise the regulatory regime for SFC-authorised funds, the Hong Kong Securities and Futures Commission (SFC) revised the Code on...more
4/16/2019
/ Amended Rules ,
Derivatives ,
Eligibility ,
Financial Derivative Instruments (FDIs) ,
Financial Services Industry ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Investment Funds ,
Mutual Funds ,
Operational Requirements ,
Prospectus ,
Securities Financing Transactions (SFTs) ,
Transitional Arrangements ,
Unit Trusts
Hong Kong is increasingly a popular jurisdiction for fund distribution, given its nexus with the People’s Republic of China. Historically, investment funds usually have been established in the form of offshore mutual funds,...more
10/22/2018
/ Asset Management ,
Business Formation ,
Corporate Taxes ,
Financial Services Industry ,
Fund Managers ,
Hong Kong ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Incorporation ,
Offering Documents ,
Open-Ended Fund Companies (OFCs) ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Qualified Investment Funds (QIFs) ,
Registration Requirement