Interpretation of Hong Kong's New Virtual Asset Licensing Regulations: Joint Announcement by Financial Services and the Treasury Bureau and SFC Declares Entry into the 'Full Licensing' Era
Hong Kong's Financial Services and Treasury Bureau (FSTB) and the Securities and Futures Commission (SFC) have jointly issued a consultation conclusion and launched a new public consultation, marking a significant step towards a comprehensive licensing regime for virtual asset (VA) activities. The new framework expands beyond the existing Anti-Money Laundering Ordinance (AMLO) requirements for Virtual Asset Trading Platforms (VATPs) to establish mandatory licensing for VA trading, custody, advisory, and asset management services.
Key measures include:
- **VA Trading Services**: Defined similarly to "Type 1 regulated activity (dealing in securities)" under the SFO. Licensees must meet capital requirements (HK$5 million paid-up capital, HK$3 million liquid capital) and must use SFC-regulated custodians, separating trading and custody.
- **VA Custody Services**: Standalone custodians require higher capital (HK$10 million paid-up capital) and must adhere to strict operational standards for cold/hot wallet storage, private key management, and independent audits.
- **New Proposed Licenses**: A one-month consultation introduces licensing for "VA advisory services" (providing investment advice on VAs) and "VA asset management" (managing VA portfolios), with no minimum threshold exemptions, closing regulatory gaps.
This shift to a "fully licensed" era aims to build institutional trust by imposing traditional financial standards, enhancing investor protection, and creating a regulated ecosystem. However, challenges include compliance costs for smaller players, potential capital outflow, and the need for regulatory capacity to handle applications and technical oversight. Market participants must immediately assess their services against the new classifications, begin licensing preparations, and integrate compliance into their long-term competitive strategy, including potential tax implications and reporting requirements. The landscape may evolve towards integrated full-service groups and specialized niche providers.
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