Obtain Asset Management License in Hong Kong Type 9

Hong Kong Type 9 (Asset Management) License

Asset Management License
For individuals and corporations seeking to enter the securities and futures markets of Hong Kong, the Securities and Futures Commission (SFC) is the gatekeeper of standards, administrating the SFO (Securities & Futures Ordinance). SFO stipulates regulated activity and provides detailed definition for each of them, Type 9 license covers the provision of a service to manage a portfolio of securities or futures contracts for another person.
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Incorporation & obtaining license: 4 months

Minimum paid up capital: N/A (If a Company has a licensing condition that it shall not hold client assets); in other cases HK$5,000,000)

Minimum liquid capital requirement HK$ 100,000.00; in other cases HK$ 3,000,000.00


Overview

Hong Kong is one of the world's busiest cities, together with London, New York and Tokyo is acknowledged to be one of the highest respected financial centres in the world. Hong Kong’s geographical position as a gateway between the East and West has made it an attractive centre for international trade.

Hong Kong is not normally regarded as an offshore country as it is a famous for being a major financial centre, however, it is one of the few countries in the world that tax on a territorial basis.

Under the Securities and Futures Ordinance (SFO), Type 9 “asset management”, means providing a service of managing a portfolio of securities or futures contracts for clients on discretionary basis. This category of regulated activity will cover discretionary investment managers, whether managing a hedge fund, account or related fund.

It is relevant to note that the Type 9 license not only covers portfolio management activities, but also permits incidental marketing of funds which are managed by the licensed corporation as well as incidental research and securities analysis. Consequently, such incidental activity allows a Type 9 licensed corporation to carry out activities (on a limited basis) without the need to obtain Type 1 (Dealing in securities) and Type 4 (Advising on securities) licenses, respectively.

The individuals who carry on regulated functions on behalf of a licensed corporation are required to be licensed representative accredited to the licensed corporation (LRs). For the purpose of obtaining a license, an Applicant Company will need to appoint at least two such individuals as responsible officers (ROs). ROs are LRs who actively participate in or directly supervise the regulated activity to be conducted by the application corporation. At least one RO must be an executive director of the corporate entity that actively participates in or is responsible for directly supervising the conduct of the Type 9 regulated activity for which they are licensed. Every executive director who is an individual must be approved by the SFC as a RO.

There must in all cases be at least one RO resident in Hong Kong available at all times to supervise the business. The same individual may be appointed to be a responsible officer for more than one regulated activity provided that he is fit and proper to be so appointed and there is no conflict in the roles assumed. At least one of your proposed responsible officers must be an executive director.

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Licensing criteria and procedures for applying for Hong Kong Asset management license

Notable features
Procedure
Documents Required

General information

Company structure

  • Only one shareholder (can also be a legal person, no nationality restriction)
  • Only one director (only natural person, no nationality or residency restrictions)
  • At least two Responsible Officers (ROs) (in all cases at least one RO resident in Hong Kong must available at all times to supervise the business)

Confidentiality

  • Shareholders' details – are part of the public record, if you wish to avoid it then please request a nominee service
  • Directors' details – are part of the public record, if you wish to avoid it then please request a nominee service

Taxation

  • Hong Kong tax on a territorial basis. Profits tax is levied at the rate of 16.5% for income derived from Hong Kong
  • Profits derived from outside Hong Kong is tax exempt. There is no withholding tax on interest or dividends and no capital gains tax. A company, which carries on a business in Hong Kong, but derives profits from another place, is not required to pay tax in Hong Kong on those profits
  • Double Taxation Agreements: Hong Kong has comprehensive double tax agreements with Austria, Belgium, Brunei, Canada, Czech Republic, France, Hungary, Indonesia, Ireland, Japan, Jersey, Kuwait, Liechtenstein, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Portugal, Switzerland, Spain, Thailand, United Kingdom, Vietnam, Qatar and the Mainland China respectively to relieve taxation on income, for instance, dividends, interest income and royalties

Other benefits

  • Hong Kong imposes no restrictions on foreign investments and has no foreign exchange controls
  • Ease of business establishment and licensing 
  • Favourable tax regime
  • Conducive regulatory environment with formidable anti-money-laundering legislation
  • Company meetings need not be held in Hong Kong
  • An annual general meeting (AGM) must be held once in every calendar year and not more than 15 months after the last preceding AGM. However, a company need not hold its first AGM until 18 months of its incorporation
  • Companies may dispense with the holding of AGMs by unanimous shareholder's consent

Accounting requirements - A Hong Kong company must keep accounting records, which may be kept at the registered office address or elsewhere at the discretion of the directors.

Audit requirements - Every company must appoint an auditor who must be a member of the Hong Kong Society of Accountants and hold a practicing certificate. Although there is no requirement to file accounts with the Registrar, there is a requirement to file accounts with the tax authorities. Annual return is required to be filed to the Companies Registry within 42 days after the date of anniversary of incorporation, and then each year thereafter. Professional fees will vary depending on service providers.

Secretary - Required (can also be a legal person, resident in Hong Kong)

Registered office - Required

Company name

  • Language: Any
  • Letters: From Roman alphabet or in Chinese
  • Company name must end with such suffix or it’s abbreviation: Limited
  • Restricted Names: Any name would constitute a criminal offence or is offensive or otherwise contrary to the public interest. Any name would be likely to give the impression that the company is connected in any way with the Central People's Government or the Government of the HKSAR or any department of either government such as Department, Government, Commission, Bureau, Federation, Council, Authority
  • Names Requiring Consent or a Licence: Asset management, Assurance, Authority, Bank, Building Society, Bureau Federation, Chamber of Commerce, Chartered, Commission, Co-operative, Council, Department, Fund Management, Government, Insurance, Investment Fund, Kaifong, Mass Transit, Municipal, Re-Insurance, Royal, Savings, Tourist Association, Trust, Trustee, Underground Railway

N.B.

  • Restricted connections for company name: name of state, national or local government.
  • Any name that implies illegal activity or implies royal or government patronage is restricted.
  • Registrar may reject any name which it considers undesirable or contrary to the public interest.
  • Company name is restricted to be identical or similar that of an existing company.
  • In case when foreign language is used for company name the translation may be asked by Registrar to ensure conformity to above listed restrictions.

In order to obtain a license, the following steps will be carried out:

  • Gathering of relevant KYC documents for initial verification
  • Incorporation of a HK company
  • Preparation of relevant documents (business plans, manuals and procedures, etc.)
  • Arranging a local office, local employees
  • Application for appointing 2 Responsible Officers
  • Application for the license
  • The SFC grants pre-approval
  • The paid-up capital shall be deposited in full within stated amount of time from the pre-approval (if not already done earlier)

In order to obtain license, Offshorelicense will fill all necessary application forms and also acquire apostilled corporate documents. 

For that reason, please provide us with the following documents.

For local regulatory authority:

(Each beneficial owner, shareholder, director, Responsible Officer and secretary must provide)

  • CV
  • A notarized copy of valid passport
  • Notarized 2nd ID
  • A copy of proof of residential address (ex. utility bill that is not older than 3 months) in English or translated into English
  • Bank Reference Letter
  • Bank Statement Leller
  • A notarized copy of a University Diploma
  • Signed and notarized application forms
  • Two Professional letters from a notary, lawyer, auditor or similar

N.B.

  • If documents are not in English language or language of particular country, then they must be accompanied by a notarized translation.
  • Please ensure that notarization is in English language if not then please provide with notarized English translation.
  • Additional documents may be requested by the regulatory authority or local Bank at any point to certify specific information.