Hong Kong Securities and Futures Commission (SFC) Type 2 Regulated Activities License

Hong Kong Securities and Futures Commission (SFC) Type 2 Regulated Activities License

Hong Kong Securities and Futures Commission Type 2 regulated activities: Futures contract trading

Unless a statutory exemption applies, Operating Type 2 "futures contract trading" in Hong Kong usually requires a SFC license. Specific scope, financial resources, responsible officers, Trading and Settlement, guarantees, Client equity and cross-border promotion requirements depend on actual business. This page explains the application and ongoing responsibilities in accordance with public legislation and SFC guidelines., Not considering consultant experience, Fees or time limits are written as a guarantee of approval.

Release time: Application preparation reference
Hong Kong Huitong service teamApply for support
Document preparation and project coordination
work focus: business needs, Document consistency and matters to be confirmed
Service direction: Business description, Sorting out application materials and ongoing compliance matters
Service Description: Organize disclosure regulatory requirements based on proposed business operations, Material list and project nodes. Involving legal opinions, During audit or professional assurance, The corresponding professionals and service scope should be confirmed separately.; Competent agencies and banks make independent review decisions.
Familiar with the regulatory application process
Professional compliance team
Standardized compliance process
Multi-jurisdictional services

1. Type 2 License (Futures Contract Trading) Statutory Business Scope

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Index and commodity futures trading

May trade or execute futures contracts as defined in the Securities and Futures Ordinance for clients within the scope and conditions of the license. Overseas products, Commodity derivatives and trading venue arrangements must confirm their legal nature and cross-border rules on a case-by-case basis.

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Futures Brokerage Services

Can accept and execute futures trading orders as an agent within the scope of approval. Settlement, The holding and management of client assets and margin must also comply with exchange or settlement arrangements, Client Asset Rules, Financial resources and internal control requirements.

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Principal trading and market making

Acquired as principal, Dealing with or entering into futures contracts may be a Category 2 activity. market making, Are OTC derivatives or other liquidity arrangements in scope?, Must be defined by contract, trading place, Counterparty and applicable exemption case analysis.

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Bitcoin and virtual asset futures

Are derivatives related to virtual assets considered “futures contracts”?, Subject to product terms, Judgment on the definition of trading venues and the Securities and Futures Ordinance. If the actual business constitutes Category 2 activities, Applicants must also check the China Securities Regulatory Commission’s regulations on virtual asset products., customers, Current requirements for distribution and risk control.

Hong Kong Securities and Futures Commission (SFC) office logo
Hong Kong Securities and Futures Commission (SFC) office logo. The Securities and Futures Commission of Hong Kong is responsible for the licensing and supervision of corresponding securities and futures regulated activities.

2. Core statutory [conditions] for applying for SFC No. 2 license

1. Qualifications of legal entities: The applicant must usually be a company established in Hong Kong, Or a non-Hong Kong company registered under the Companies Ordinance, and prove its control architecture, manage, personnel, Premises and recording arrangements available for effective supervision by the SFC.

2. responsible officers (RO): Category 2 activities usually require at least two approved responsible persons, At least one of them shall be an executive director, And there must be at least one responsible person available to supervise the business at all times. Educational qualifications, Industry qualifications, Relevant experience, Management experience, Exams and exemptions are assessed based on individual background, It is not a unified choice of "five years of experience or certificate".

3. fit and proper person (Fit and Proper): In good faith, the China Securities Regulatory Commission, Competence, Financial soundness and past regulatory or criminal matters review of the applicant corporation, responsible officers, Licensed representatives and other relevant persons, and review the equity arrangements of directors and major shareholders. Relevant matters must be disclosed truthfully, Comprehensive evaluation by the China Securities Regulatory Commission.

4. Business structure and risk control: The company's business structure must be good, Have a sound internal control system, Be able to reasonably and effectively deal with high leverage risks and crises in the futures business operation process.

3. Statutory [capital threshold] for applying for No. 2 license

Institutional business types and restrictions Minimum paid-up share capital (Paid-up Capital) minimum working capital (Liquid Capital)
Approved introducing agent, traders, Futures non-cleared dealer not applicable (No hard capital injection requirements) $500,000 Hong Kong dollar
Other situations (futures merchants who can generally hold client assets) $5,000,000 Hong Kong dollar $3,000,000 Hong Kong dollar

illustrate: The above thresholds must be checked together with the license conditions and combined activities. Business plans and financial forecasts should demonstrate that resources are commensurate with the business, However, the Securities Regulatory Commission does not uniformly stipulate additional reserves for "first half-year expenses" for all applications in the rules quoted on this page..

香港SFC 2号牌照 期货合约交易
Hong Kong SFC License No. 2 Futures Contract Trading

4. Type 2 License Application and Transactions in Control of Licensed Corporations

[Path A] Apply directly to the China Securities Regulatory Commission

1. preparation: Confirm business, legal entity, control architecture, responsible officers, financial resources, Trading and Settlement, guarantees, Client Assets and Internal Control.
2. submit: Submit applicable forms and supporting documents through WINGS and pay the current fee.
3. review: The China Securities Regulatory Commission will evaluate each case and may require supplementary documents or explanations..
4. Decide: The SFC independently decides whether to issue a license and whether to impose conditions.

【Path B】Acquisition of a licensed corporation or its controlling entity

1. Due diligence: Check license conditions, client assets, Historical transactions, supervision, finance, Tax and systemic risk.
2. control approval: A person who intends to become or increase a substantial shareholder's interest in a licensed corporation is usually required to obtain prior approval from the SFC in accordance with Section 132 of the Securities and Futures Ordinance.
3. Closing and Ongoing Liability: Approval does not mean re-licensing; Responsible personnel must still be maintained after closing, financial resources, Internal control and applicable reporting.

Hong Kong Victoria Harbor and financial center urban environment
Commercial offices and financial institutions gather on both sides of Victoria Harbor in Hong Kong.

5. Type 2 application and transaction support provided by Hong Kong Huitong

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Assistance in direct application for license services

Can assist directors and management structure information within the agreed scope, Business plan, Operational and internal control documents, AML/CFT Process and WINGS Application Preparation, and assist in sorting out responses to regulatory inquiries. Applicants and management must confirm the materials and perform their duties in person, Consultants cannot provide full authority to answer questions or guarantee approval..

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Assist in the acquisition of existing license services

Can assist in organizing subject information according to agreed scope, transaction coordination, and arrange for independent lawyers, Accountant or tax advisor to conduct due diligence and documentation. No subject is guaranteed to be “clean” in advance; control approval, bank account, Taxation and company registration matters are handled independently by the corresponding authorities and professionals..

6. Key licensing [exemption] situations under the Securities and Futures Ordinance

incidental exemption: Type 5 or Type 9 activities carried out by Type 2 licensed corporations, If it is completely incidental to its futures contract trading business and meets the conditions of the Securities and Futures Ordinance, There may be no need to obtain corresponding licenses. Whether it is "completely incidental" must be charged, Judgment of authority and actual process.

Exemptions related to professional investors: Transacting as a principal with professional investors in futures contracts on non-recognized futures markets, Exemptions may apply where all statutory conditions are met. Professional investor status itself is not a universal exemption for all futures businesses.

Group member companies exempt: Providing relevant advice or asset management services only to qualified wholly-owned group members, and when legal conditions of use and relationship are met, Category 5 or 9 exemptions may apply; Category 2 trading business for customers outside the group cannot be exempted on this basis.

Authorized Financial Institution Registration Mechanism: When banks and other authorized financial institutions intend to engage in Category 2 activities, Not licensed as a licensed corporation, It must be registered as a registered institution by the Hong Kong Monetary Authority as the frontline regulator and the Securities and Futures Commission.; This is not a simple filing.

7. Hong Kong No. 2 Financial License Core Legal Questions and Answers (FAQ)

8. Hong Kong Securities and Futures Commission Type 123457 License-Application Case

香港证监会第123457类牌照
Hong Kong Securities and Futures Commission Type 123457 license

9. 2Office and operational arrangements in license application

When applying for Hong Kong SFC Type 2 license, office space, Trading and risk management system, Record keeping and personnel responsibilities should support the proposed business of trading futures contracts.; Virtual addresses or arrangements that fail to account for actual operations will increase scrutiny questions.

The office itself is not a separate list of licensing conditions. Applicants still need to combine with the responsible person, financial resources, internal control, Customer Assets and Business Continuity Arrangements, Prepare materials in accordance with the current SFC forms and guidelines.

10. Relevant regulations, Regulatory information and further reading