The Hong Kong Monetary Authority (HKMA) recently introduced new regulatory standards for the sale and distribution of tokenized financial products by authorized institutions. This initiative is aimed at fostering innovation in the field of tokenization while also ensuring strong consumer protection. The guidelines set forth by the HKMA clearly define the scope of tokenized products that are subject to this regulatory framework, excluding those already governed by existing regulations such as the Securities and Futures Ordinance and specific rules by the Securities and Futures Commission (SFC) and HKMA.
The decision to implement these comprehensive regulatory standards comes as a response to the rapid evolution of tokenization technologies and their increasing use in the financial sector. Hong Kong has shown a growing openness towards Web3 technology in recent months and is now focused on establishing a set of rules that cover all aspects of the sector. The HKMA’s regulatory notice aims to ensure that existing rules and protections for traditional financial products also apply to tokenized products, given their similarities in terms of terms, features, and risks. This includes structured investment products and tokenized precious metals that are not currently regulated by the Securities and Futures Ordinance.
In order to comply with the new regulatory standards, authorized institutions are required to conduct thorough due diligence before offering tokenized products to their clients. This involves a deep understanding of the product’s characteristics, features, and risks, as well as ongoing due diligence to adapt to any changes. Institutions must also assess the experience, track record, and potential risks associated with issuers and third-party service providers involved in the tokenization process.
Authorized institutions are obligated to act in the best interests of their clients by providing full disclosure of key terms, features, and risks associated with tokenized products. This includes potential risks linked to the underlying distributed ledger technology (DLT) networks, cybersecurity threats, and legal uncertainties regarding ownership and the validity of transactions on DLT networks. The aim is to ensure that clients are fully informed of the risks involved before investing in tokenized products.
Another key aspect outlined by the HKMA is the need for authorized institutions to establish robust risk management policies, procedures, systems, and controls to identify and mitigate risks related to the sale and distribution of tokenized products. This includes the implementation of a comprehensive risk management framework covering areas such as policies, internal controls, compliance, internal audit, and business continuity planning. Institutions providing custody services for tokenized products must also adhere to the HKMA’s standards for digital asset custody to ensure the security and reliability of these services.
The implementation of comprehensive regulatory standards for tokenized financial products in Hong Kong demonstrates the authorities’ commitment to fostering innovation while safeguarding consumer interests. By setting clear guidelines and requirements for authorized institutions, the HKMA aims to create a more transparent and secure environment for the sale and distribution of tokenized products. This move is likely to have a significant impact on the development of the tokenization sector in Hong Kong and could attract more investors and businesses to explore the opportunities offered by these innovative financial products.
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