On 20 January 2021, the Hong Kong Securities and Futures Commission (“SFC”) and the Office of the Securities and Exchange Commission of Thailand (“Thai SEC”) jointly announced1 (“Announcement”) that they had entered into a bilateral Memorandum of Understanding (“MOU”) for the Mutual Recognition of Funds between the Hong Kong Special Administrative Region of the People’s Republic of China and Thailand (“HK-TH MRF”).2 The HK-TH MRF represents a significant additional step to foster closer ties and financial cooperation between Hong Kong and Thailand. It follows, amongst other existing arrangements, the long term co-operation between the Hong Kong Monetary Authority and Bank of Thailand to explore a Distributed Ledger Technology solution for cross border funds transfers known as project Inthanon – Lionrock3 and the Memorandum of Understanding on the Strengthening of Economic Relations signed on 29 November 2019 by the respective governments.4 In this Client Alert we provide an overview of some of the key aspects of the HK-TH MRF.

Hong Kong’s Securities and Futures Commission (SFC) published a number of developments to its open-ended fund companies (OFC) regime in the last few weeks of 2020. On 23 December 2020, the SFC released both its conclusions (“Conclusions”) on the customer due diligence (CDD) requirements for OFC consultations and updated frequently asked questions (FAQ) relating to OFCs to clarify custodial requirements.

The Conclusions represent the culmination of the SFC’s further consultation on the CDD requirements to be imposed on OFCs, as released in September 2020 in its consultation conclusions related to further enhancements to the OFC regime (“September Conclusions”).1 The new CDD requirements will come into effect after a six-month transition period following the completion of the legislative process to amend the Securities and Futures Ordinance (SFO). The September Conclusions contained, amongst other things, liberalisation of the types of entities that can act as custodian and the updated FAQ provide clarification of the requirements for an OFC’s custodial arrangements. We discuss the Conclusions and updated FAQ in more depth in this Alert.

The Hong Kong Securities and Futures Commission (SFC) recently released additional guidance on external electronic data storage in the form of frequently asked questions (FAQs)1, which elaborate on the requirements for using external electronic data storage providers (EDSPs) under the SFC’s 31 October 2019 circular (“EDSP Circular”)2. The FAQs provide further guidance on the following key aspects: (i) key personnel requirements for the purpose of the EDSP Circular; (ii) the application of the EDSP Circular where electronic regulatory records are kept with affiliates; and (iii) the use of undertakings by designated Manager(s)-in-Charge (MIC(s)) / Responsible Officer (RO) (“MIC/RO Undertaking”) as acceptable alternatives to the undertakings provided by the EDSPs (“EDSP Undertaking”). We discuss the implications in these areas further below. The SFC has also made consequential changes to its Frequently Asked Questions on premises for business and record keeping3.

In brief On 3 November 2020, the Financial Services and the Treasury Bureau (“FSTB”) of the Government of the Hong Kong Special Administrative Region launched a consultation1 (“Consultation”) on proposals to enhance anti-money laundering and counter-terrorist financing (“AML/CTF”) regulation in Hong Kong under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”).…