Finance:Securities and Futures Commission

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Short description: Hong Kong statutory body

Securities and Futures Commission
證券及期貨事務監察委員會
Securities and Futures Commission.svg
SFC logo (on the left), introduced in 2018
Agency overview
FormedMay 1989; 35 years ago (1989-05)
JurisdictionHong Kong
HeadquartersQuarry Bay, Hong Kong
Agency executives
  • Tim Lui, Chairman
  • Ashley Alder, Chief Executive Officer
  • Julia Leung, Deputy Chief Executive Officer
Websitehttps://www.sfc.hk/en/
Securities and Futures Commission
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One Island East, which houses the agency's head office

The Securities and Futures Commission (SFC) of Hong Kong is the independent statutory body charged with regulating the securities and futures markets in Hong Kong. The SFC is responsible for fostering an orderly securities and futures markets, to protect investors and to help promote Hong Kong as an international financial centre and a key financial market in China. Even though it is considered to be a branch of the government, it is run independently under the authorisation of the laws relating to Securities and Futures.[1]

The head office is in One Island East in Quarry Bay.[2]

History

The SFC was created in 1989 in response to the stock market crash of 1987.

In 1997 following the Asian financial crisis, the regulatory framework was further improved.

A comprehensive Securities and Futures Ordinance (SFO) was implemented in 2003, which expanded the SFC's regulatory functions and powers.

Andrew Sheng served as chairman of the SFC from 1998 until 2005, when he was succeeded by Martin Wheatley. Wheatley first served as chairman, and became CEO in 2006 when the posts of chairman and CEO were segregated to further promote corporate governance. Eddy Fong was appointed non-executive chairman in 2006. Ashley Alder assumed the position of CEO in 2011[3] and Carlson Tong was appointed non-executive chairman in 2012.[4] In late 2022, Julia Leung was named as chief executive officer of the SFC.[5]

Responsibilities

The SFC is one of four regulatory organisations that make up financial regulators in Hong Kong, one of the major financial centres in the world. The others are the Hong Kong Monetary Authority, Insurance Authority and the Mandatory Provident Fund Schemes Authority. The SFC is responsible for securities and futures markets including the Hong Kong Stock Exchange, the seventh largest stock exchange in the world (See list of stock exchanges).

The SFC has a responsibility to maintain order and protect investors, it does this by carrying out the following tasks:[6]

  • Setting and enforcing market regulations
  • Licensing and supervising market participants such as brokers, investment advisers and fund managers
  • Supervising market operators including exchanges, automated trading services and clearing houses
  • Authorising offering documents of investment products to be offered to the public
  • Overseeing corporate activities of listed companies under the Codes on Takeovers and Mergers and Share Repurchases
  • Educating investors on markets, investment products and their risks

Structure

The SFC is an independent statutory body whose powers derive from the Securities and Futures Ordinance (SFO) legislation.

The SFC is made up of a board whose members are appointed by the Chief Executive of Hong Kong for a fixed term, a majority of which must be independent Non-Executive Directors. The board is headed by the chairman also appointed by the Chief Executive of Hong Kong.

An executive committee led by a chief executive officer (CEO) reports to the board and the board chairman and he runs the agency on a day-to-day basis; this position was created in 2006.

The SFC is funded by levies on transactions conducted on the Stock Exchange of Hong Kong (SEHK) and the Hong Kong Futures Exchange (HKFE), as well as fees charged to market participants.

List of chairmen

  1. Robert John Richard Owen (1989–1992)
  2. Robert William Nottle (1992–1994)
  3. Anthony Francis Neoh (1995–1998)
  4. Andrew Sheng Len-tao (1998–2005)
  5. Martin Wheatley (2005–2006)
  6. Eddy Fong Ching (2006–2012)
  7. Carlson Tong Ka-shing (2012–2018)
  8. Tim Lui Tim-leung (2018–)

List of CEOs

The position of CEO was created in 2006. The list of CEOs is:

  1. Martin Wheatley (2006–2011)
  2. Ashley Ian Alder (2011–2022)
  3. Julia Leung Fung-yee (2023–)

HKSI Licensing Examination

The Licensing Examination for Securities and Futures Intermediaries (LE), a practical and market-focused examination, was developed with the assistance of regulators, academics and practitioners drawn from across the financial services industry. Its delegated by the SFC and conducted by the Hong Kong Securities Institute.

Criticisms

The Hong Kong Securities and Investment Institute faces a lot of criticisms since the test were not checked or validated independently before implemented to the examinations. In addition to that, no formal appeal procedures or practices are in place to check and balances the legitimacy of such examinations. Discrepancies between different languages are commonplace with these examinations.[citation needed]

Candidates should be aware that neither SFC nor the Hong Kong Securities and Investment Institute (HKSI) endorses any study notes or practice questions.[7]

Cryptocurrencies

Criticized for its response to JPEX, the SFC in September 2023 said that it would not publish a list of businesses applying for cryptocurrency licenses; a week later, the SFC backtracked and said it would publish it.[8]

See also

References

  1. ↑ "Securities and Futures Commission". www.sfc.hk. http://www.sfc.hk/sfc/html/EN/index.html. 
  2. ↑ "Contact Us". Securities and Futures Commission. https://www.sfc.hk/en/About-the-SFC/Contact-us. "Securities and Futures Commission 54/F, One Island East 18 Westlands Road, Quarry Bay, Hong Kong"  - Traditional Chinese: "香港鰂魚涌華蘭路18號 港島東中心54樓", Simplified Chinese: "香港鲗鱼涌华兰路18号 港岛东中心54楼"
  3. ↑ "Home". http://www.sfc.hk/web/EN/about-the-sfc/organisational-chart/board-of-directors/chief-executive-officer/alder,-ashley-ian.html. 
  4. ↑ "E-Distribution". http://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/corporate-news/doc?refNo=12PR104. 
  5. ↑ "Appointment of Chief Executive Officer of SFC". Government Information Centre (Press release). December 15, 2022.
  6. ↑ "Home". http://www.sfc.hk/web/EN/pdf/published-resources/corporate/CorpBrochure_Mar2012.pdf. 
  7. ↑ "The notice about the revision study notes, examination questions and answers of the Licensing Examination for Securities and Futures Intermediaries ("LE") which are available for sale in other websites". http://www.hksi.org/hksi/index.phptc/en/?option=com_content&view=article&id=1738&Itemid=13. 
  8. ↑ "Hong Kong to reveal crypto applicants’ names as JPEX scandal worsens" (in en). 2023-09-25. https://www.scmp.com/tech/article/3235679/hong-kongs-sfc-publish-names-cryptocurrency-platform-applicants-walking-back-reluctance-face-public. 

External links



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