The Securities and Futures Commission (SFC) is to introduce a crypto trading licensing regime, which includes measures to protect retail investors, from 1 June 2023.
The SFC will implement "a number of measures" to protect these investors including "ensuring suitability in the onboarding process, good governance, enhanced token due diligence, admission criteria and disclosures."
The SFC set out the details in its announcement on the conclusions of its consultation on the proposed regulation of virtual asset trading platform operators licensed by the authority.
The majority of consultation respondents agreed to the SFC's proposal to allow licensed trading platform operators to serve retail investors. However, clarification was sought on the technical and implementation details. Key comments related to retail access to licensed virtual asset trading platforms, the criteria for token admission, compensation arrangements for the risks associated with custody of client assets, trading in virtual asset derivatives, implementation details and the transitional arrangements.
The proposed regulatory requirements were revised by the SFC and will become effective on 1 June 2023..
The requirements cover, among others, safe custody of assets, segregation of client assets, avoidance of conflicts of interest and cybersecurity standards and requirements expected of licensed trading platforms. The SFC will provide additional guidance on the new regulatory requirements, other implementation details including licence application procedures, as well as more information about the transitional arrangements.
SFC Chief Executive Officer Julia Leung said: “Providing clear regulatory expectations is the key to fostering responsible development. Hong Kong’s comprehensive virtual assets regulatory framework follows the principle of ‘same business, same risks, same rules’ and aims to provide robust investor protection and manage key risks. This will enable the industry to develop sustainably and support innovation.”