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The Hong Kong Securities and Futures Commission enhances measures to combat forged documents and money laundering risks and raises account opening standards

The Hong Kong Securities and Futures Commission (SFC) issued a circular outlining the monitoring measures that should be implemented when opening accounts and maintaining client relationships. This circular was issued after the SFC reviewed the account opening practices of 12 securities brokerage firms.The review identified several significant deficiencies, including insufficient due diligence on account opening documents, acceptance of suspicious or forged documents during the account opening process, and weaknesses in managing cross-border agency relationships with overseas intermediaries. The SFC expressed deep concern about the potential misuse of client accounts for suspicious or illegal transactions, which could exacerbate the risks of money laundering and terrorist financing.The SFC requires all licensed corporations to conduct internal checks as soon as practicable to detect whether any suspicious or forged documents have been accepted for account opening. The SFC also outlined additional measures for licensed corporations when opening and managing accounts for mainland investors.These additional measures include closing investment accounts opened with suspicious or forged documents, closing zero-balance dormant investment accounts, and requiring a written declaration from investors when opening new investment accounts, stipulating that settlements and fund withdrawals can only be conducted through bank accounts held in the investor's own name at qualified banks.

The China Securities Regulatory Commission and eight other departments: Completely ban illegal cross-border operations of overseas securities, futures, and fund management institutions

The China Securities Regulatory Commission and seven other departments jointly issued the "Implementation Plan for Comprehensive Rectification of Illegal Cross-Border Securities, Futures, and Fund Operating Activities."It is reported that the overall requirement of the "Rectification Plan" is to carry out concentrated rectification for two years, completely banning the illegal cross-border operating activities of foreign securities, futures, and fund operating institutions, and achieving the rectification goal of "resolutely banning the illegal and steadily cleaning up the existing stock."The targets of rectification include foreign institutions engaged in illegal cross-border securities, futures, and fund business, domestic related or cooperative entities assisting foreign institutions in illegal cross-border operations, illegal intermediaries soliciting domestic investors, internet platforms and online self-media that illegally publish information, and so on. Illegal cross-border operating activities of foreign institutions will be banned in accordance with the law, and behaviors of relevant entities that violate laws and regulations related to foreign exchange management, anti-money laundering, cybersecurity and information management, personal information protection, etc., will also be included in the scope of rectification.

The China Securities Regulatory Commission plans to impose severe penalties on Tiger, Futu, and Changqiao, confiscating all illegal gains from relevant domestic and foreign entities

The China Securities Regulatory Commission has filed an investigation and issued a prior notice of administrative punishment against TigerBrokers (NZ) Limited, Futu Securities International (Hong Kong) Limited, and Changqiao Securities (Hong Kong) Limited for illegal securities business operations by relevant entities both domestically and abroad.According to the notice, the relevant entities of Tiger, Futu, and Changqiao conducted securities trading marketing, processed trading instructions, and provided related securities business services to obtain relevant income without the approval of our commission and without obtaining the licenses for securities brokerage business and securities financing and margin trading business, violating the provisions of Article 120 of the Securities Law, thus constituting illegal operation of securities business.In accordance with the provisions of Article 202 of the Securities Law, Article 136 of the Securities Investment Fund Law, and Article 132 of the Futures and Derivatives Law, our commission intends to decide to confiscate all illegal gains of the relevant entities of Tiger, Futu, and Changqiao, and impose severe penalties according to the law. The parties involved have the right to make statements, defend themselves, and request a hearing regarding the administrative penalties to be imposed. Our commission will fully listen to the opinions of the parties involved before making an administrative penalty decision in accordance with the law.
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