Acquiring a Cryptocurrency Exchange License in Hong Kong
It’s important to clarify upfront that currently, the state authorities in Hong Kong maintain a largely neutral stance concerning the acquisition of licenses for cryptocurrency exchange. This implies that the matter of cryptocurrency exchange licensing is presently on hold. However, this somewhat indistinct stance by the regulator could evolve into a more concrete one.
The Hong Kong Securities and Futures Commission classifies all cryptocurrencies as “virtual commodities” that do not qualify as securities. As such, the operations associated with cryptocurrency exchanges do not fall under Hong Kong’s securities legislation. Consequently, there’s no requirement to acquire a license for cryptocurrency exchange in Hong Kong. This creates a broad window for conducting business activities related to cryptocurrency exchanges within this jurisdiction.
However, it’s worth noting that if cryptocurrency exchanges plan to convert virtual currencies to fiat currencies, such operations might come under the regulatory purview of Hong Kong authorities. Specifically, this relates to the Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) legislation. Hence, to conduct conversions from cryptocurrencies to fiat currencies in Hong Kong, it becomes necessary to secure a Money Service Operator (MSO) license. Let’s delve into the specific steps needed to accomplish this objective.
Setting Up a Company for Cryptocurrency Exchange
Before applying for a license to operate a cryptocurrency exchange in Hong Kong (if necessary), it is required to establish a company. In Hong Kong, there are two primary types of legal entities: a company limited by shares and a company limited by guarantee. The former is the conventional choice for most businesses, while the latter is more suitable for non-profit organizations.
For conducting cryptocurrency exchange operations in Hong Kong, the ideal choice is a company limited by shares. The law doesn’t specify any requirements concerning the minimum authorized capital or the number of participants. However, it does mandate the appointment of a corporate secretary who must be a resident of Hong Kong.
Moreover, this type of company is exempt from the need to obtain a business license (as all activities in Hong Kong are licensed) and pay taxes, provided the activities are not carried out within the state’s territory.