For individuals and corporations seeking to enter the securities and futures markets of Hong Kong, the Securities and Futures Commission (SFC) is the gatekeeper of standards, administrating the SFO (Securities & Futures Ordinance). SFO stipulates regulated activity and provides detailed definition for each of them, Type 9 license covers the provision of a service to manage a portfolio of securities or futures contracts for another person.
Incorporation & obtaining license: 4 months
Minimum paid up capital: N/A (If a Company has a licensing condition that it shall not hold client assets); in other cases HK$5,000,000)
Minimum liquid capital requirement HK$ 100,000.00; in other cases HK$ 3,000,000.00
Overview
Hong Kong is one of the world’s busiest cities, together with London, New York and Tokyo is acknowledged to be one of the highest respected financial centres in the world. Hong Kong’s geographical position as a gateway between the East and West has made it an attractive centre for international trade.
Hong Kong is not normally regarded as an offshore country as it is a famous for being a major financial centre, however, it is one of the few countries in the world that tax on a territorial basis.
Under the Securities and Futures Ordinance (SFO), Type 9 “asset management”, means providing a service of managing a portfolio of securities or futures contracts for clients on discretionary basis. This category of regulated activity will cover discretionary investment managers, whether managing a hedge fund, account or related fund.
It is relevant to note that the Type 9 license not only covers portfolio management activities, but also permits incidental marketing of funds which are managed by the licensed corporation as well as incidental research and securities analysis. Consequently, such incidental activity allows a Type 9 licensed corporation to carry out activities (on a limited basis) without the need to obtain Type 1 (Dealing in securities) and Type 4 (Advising on securities) licenses, respectively.
The individuals who carry on regulated functions on behalf of a licensed corporation are required to be licensed representative accredited to the licensed corporation (LRs). For the purpose of obtaining a license, an Applicant Company will need to appoint at least two such individuals as responsible officers (ROs). ROs are LRs who actively participate in or directly supervise the regulated activity to be conducted by the application corporation. At least one RO must be an executive director of the corporate entity that actively participates in or is responsible for directly supervising the conduct of the Type 9 regulated activity for which they are licensed. Every executive director who is an individual must be approved by the SFC as a RO.
There must in all cases be at least one RO resident in Hong Kong available at all times to supervise the business. The same individual may be appointed to be a responsible officer for more than one regulated activity provided that he is fit and proper to be so appointed and there is no conflict in the roles assumed. At least one of your proposed responsible officers must be an executive director.
General information
Company structure
Confidentiality
Taxation
Other benefits
Accounting requirements – A Hong Kong company must keep accounting records, which may be kept at the registered office address or elsewhere at the discretion of the directors.
Audit requirements – Every company must appoint an auditor who must be a member of the Hong Kong Society of Accountants and hold a practicing certificate. Although there is no requirement to file accounts with the Registrar, there is a requirement to file accounts with the tax authorities. Annual return is required to be filed to the Companies Registry within 42 days after the date of anniversary of incorporation, and then each year thereafter. Professional fees will vary depending on service providers.
Secretary – Required (can also be a legal person, resident in Hong Kong)
Registered office – Required
Company name
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In order to obtain a license, the following steps will be carried out:
In order to obtain license, Offshorelicense will fill all necessary application forms and also acquire apostilled corporate documents.
For that reason, please provide us with the following documents.
For local regulatory authority:
(Each beneficial owner, shareholder, director, Responsible Officer and secretary must provide)
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