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intermediaries

first_img Executive Director of the Intermediaries Division of the Hong Kong Securities and Futures Commission, Yip Chi-hang: The Hong Kong Securities and Futures Commission will promote three major tasks for digital asset regulation in the next 12 months

ChainCatcher live report, the Executive Director of the Intermediaries Division of the Hong Kong Securities and Futures Commission, Ye Zhi Heng, delivered a keynote speech titled "ASPIRe in Action Hong Kong's Digital Asset Journey" at the 2026 Hong Kong Web3 Carnival. He reviewed the six major milestones since the Commission launched the ASPIRe roadmap last year, including allowing licensed platforms to provide staking services, conducting joint consultations on virtual asset trading and custody systems, opening up perpetual contracts and margin financing frameworks, and launching plans to strengthen market defenses through technology.He revealed that the draft regulations for the four systems of virtual asset trading, custody, management, and advisory have reached 260 pages, and the draft was received last week. The work for the next 12 months is divided into three major clusters: first, promoting innovation through regulation, advancing legislative and regulatory guideline consultations; second, promoting innovation through practice, gradually allowing tokenized authorized funds to trade on licensed platforms; third, promoting innovation through interaction, advancing automated reporting, signing international bilateral memorandums, and combating financial crime frameworks. He emphasized that Hong Kong is "moving steadily forward, fast because of stability."

The Hong Kong Securities and Futures Commission and the Monetary Authority jointly issued a circular allowing intermediaries to provide virtual asset pledge services

ChainCatcher news, the Hong Kong Securities and Futures Commission and the Hong Kong Monetary Authority jointly issued a supplementary joint circular on September 30 regarding the virtual asset-related activities of intermediaries, updating the licensing or registration conditions for intermediaries.In terms of background, the two agencies optimized and relaxed certain regulations based on market developments and industry opinions, and will subsequently issue guidelines regarding designated stablecoin activities. The content includes: first, allowing intermediaries to provide staking services to their clients, which must be conducted through licensed platforms and independent accounts, with risks disclosed; second, licensed corporations and registered institutions may provide off-platform trading services through licensed platforms; third, it is clarified that clients using virtual assets to subscribe and redeem investment products, or to subscribe or redeem virtual asset funds in physical form, will not be considered as providing virtual asset trading services. Intermediaries must notify in advance, hold virtual assets in compliance, and adhere to anti-money laundering regulations; fourth, it clarifies the requirement for intermediaries to ensure that clients have sufficient net assets, and the provision that intermediaries must make risk disclosure statements specifically regarding virtual asset futures contracts does not apply to clients who are institutional professional investors and qualified corporate professional investors.

The Hong Kong Securities and Futures Commission issued a notice on "Intermediaries Engaging in Activities Related to Tokenized Securities."

ChainCatcher news, the Hong Kong Securities and Futures Commission today issued a notice regarding the activities of intermediaries engaged in tokenized securities. The notice mentioned that the Commission recognizes the potential benefits of tokenization for the financial market, particularly in enhancing efficiency, increasing transparency, reducing settlement times, and lowering traditional financial costs, but it also acknowledges the new risks associated with the use of this technology.The Commission supports intermediaries in actively tokenizing traditional securities and believes that more guidance should be provided regarding activities related to tokenized securities. The focus of the notice is to provide guidance for intermediaries to address and manage the new risks arising from the use of this new tokenization technology, so that the tokenized market can develop in a healthy, responsible, and sustainable manner.The notice emphasizes that intermediaries need to have sufficient manpower and expertise to conduct due diligence on tokenized securities and to be responsible for the overall operation of tokenization arrangements, even when third-party vendors/service providers are involved. It also highlights considerations for custody arrangements, disclosure requirements for client notices, and the complexity assessment of tokenized securities. In addition, intermediaries are required to comply with applicable laws and regulatory requirements, provide necessary information to the Commission, and implement appropriate controls in digital securities-related activities.

SEC Chairman: The vast majority of crypto tokens meet the investment contract test, and most crypto intermediaries must also comply with securities laws

ChainCatcher news, SEC Chairman Gary Gensler stated in a speech released before the 2023 Global Exchanges and Fintech Conference, "There is no indication that investors and issuers in the crypto securities market should not be protected by our securities laws. As I have said many times, the vast majority of crypto tokens meet the investment contract test. These tokens are promoted by teams through websites and Twitter accounts. These tokens do not come out of nowhere. Crypto securities issuers need to register their offers and sales of investment contracts with the SEC or meet exemption requirements."Gary Gensler further stated that since most crypto tokens are subject to securities laws, most crypto intermediaries must also comply with securities laws. If intermediaries do not register, it is the investors who suffer, and the U.S. financial markets may also be affected. In other areas of the securities market, exchanges, broker-dealers, and clearing functions are separated, which helps mitigate conflicts that may arise from mixing such services. Crypto intermediaries may need to separate business lines, develop rulebooks to prevent fraud and manipulation, appropriately segregate customer funds, mitigate conflicts, or change their clearing and custody methods.Regarding crypto lending and staking as a service, Gary Gensler stated that in cases over the past few decades, the Supreme Court has made it clear that the economic reality of a product (rather than its label) determines whether it falls under the provisions of securities laws. It does not matter what assets investors put into lending or staking as a service platforms (cash, gold, Bitcoin, or anything else). Customers invest their assets through the platform, which then lends or pools, stakes, and promises returns. These are all classic securities, regardless of whether they involve cryptocurrency. (source link)
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