in Hong Kong,The supervision of the China Securities Regulatory Commission is mainly divided into the following categories:(regulated activities|Securities Regulatory Commission):Category 1:Securities trading,Category 2:Futures contract trading,Category 3:Leveraged Forex Trading,Category 4:Advise on securities,Category 5:Advising on futures contracts,Category 6:Advise on institutional financing,Category 7:Provide automated trading services,Category 8:Providing securities margin financing,Category 9:Provide asset management,and Class 10:Providing credit rating services。
The traditional business of securities companies falls into the first category of regulated activities,i.e. "executing securities buying and selling transactions and/or securities distribution on behalf of clients (such as unit trusts and mutual funds)"。certainly,Stockbrokers "can also operate a 4th、Types 6 and 9 regulated activities,Provided that such activities are entirely incidental to your trading activities as a stockbroker"。
Since the basic business of Hong Kong securities companies is to help customers open accounts,Place an order,Sell investment products,The main business functions of their compliance departments include the following aspects::1.KYC (excerpt from the original words of the Hong Kong Securities and Futures Commission):(a)The licensed or registered person should take all reasonable steps,To establish the true and full identity of each of its customers、Each customer’s financial situation、Investment experience and investment objectives。
If the customer does not open an account in person,then the relevant account opening procedures should be conducted in a satisfactory manner,To ensure that the licensed or registered person knows the identity of the customer。
If the account opening documents are not executed in the presence of employees of the licensed or registered person,customer agreement(as defined in paragraph 6.1)execution,and witness of relevant identification documents,should be carried out by other licensed or registered persons、Contact persons of licensed or registered persons、太平绅士或专业人士例如银行分行、Certified Public Accountant、Lawyer or notary to verify。
at the same time,You can also use the "Electronic Transactions Ordinance"(Chapter 553)Accredited verification services,For example, the verification service provided by Hong Kong Post。
(b)also,If a licensed or registered person follows the following procedures,client(Except for institutional clients)The identity of the:(i)New customers will receive a signed Customer Agreement(See paragraph 6.2)together with the customer's identity document(The customer’s ID card or relevant part of his/her passport)A copy is given to the licensee or registrant,To verify the customer’s signature and identity;(ii)The licensed or registered person should obtain a check issued by the new customer from an account opened with a licensed bank in Hong Kong and cash the check(The amount of the check must not be less than HK$10,0001,and must contain the customer’s name as shown on the identity document);(iii)A signature on a check issued by that customer,Must match the signature of the Customer Agreement above;(iv)client(Through customer agreements or notices)Be informed of the account opening procedures and conditions imposed,Especially the condition that you have to wait for the check to clear before you can use the new account.;and(v)Licensee or registered person maintains appropriate records,To demonstrate that it has fully complied with the customer identity verification procedures。
2.AML(Combating money laundering and terrorist financing)This is currently the most demanded in the market,Most popular compliance categories。Because there were too many large financial institutions (such as HSBC) that were fined hugely due to loopholes in the anti-money laundering department... But in fact, AML is also an important part of KYC.。
3.Checkclients’suitability如果客户要认购一些投资产品,Securities companies need to conduct a series of analysis and review of customers,Such as risk tolerance and so on。
The compliance department is responsible for controlling the integrity of the entire process,以免客户亏钱后哭着告公司忽悠他们……4.Marketingmaterial在retailfundcompany通常有一个team专门审查marketingmaterials。
The Hong Kong Securities Regulatory Commission conducts random inspections of various fund advertisements on the market every day.、massemail、Newspaper articles etc.,Check to see if there are any misleading parts (for example, whether the icon number of investment return indicates the source),Whether the benchmark is appropriate, etc.)。
所以compliance就要在materialsgopublic之前仔细核对format和content,Check whether it complies with the China Securities Regulatory Commission’s guidelines and local laws and regulations。
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