Hong Kong Exchange Licensing: 3 Key Eligibility Criteria Highlighted by Crypto Lawyers

·

Hong Kong's Virtual Asset Service Provider (VASP) licensing regime will officially take effect on June 1, 2023, requiring all virtual asset trading platform operators to obtain licenses. According to an analysis by TKX Capital's Compliance Partner and Hong Kong High Court lawyer Wu Wenqian, there are three critical requirements for platforms seeking licensure, with recruiting qualified executives being the most challenging hurdle.

Core Licensing Requirements

  1. Financial Requirements

    • Minimum paid-up capital of HKD 5 million
    • Liquid assets covering ≥12 months of operational expenses
  2. Personnel Qualifications

    • Appointment of two Responsible Officers (ROs) as executive directors
    • ROs must possess 3+ years of virtual asset industry experience
    • All senior management undergo rigorous background checks by Hong Kong’s Securities and Futures Commission (SFC)
  3. Compliance Framework

    • External evaluations covering:

      • Governance structures
      • Token listing procedures
      • AML/CFT protocols
      • Market surveillance systems

The Executive Recruitment Challenge

Wu emphasized that hiring SFC-compliant leadership teams poses the greatest difficulty. The SFC prioritizes:

Currently, only two platforms hold full VASP licenses in Hong Kong:

Retail Trading Restrictions Remain

While the SFC’s consultation summary suggests eventual retail access, no platforms are currently approved to serve retail investors. Key considerations include:

👉 Explore compliant trading solutions


FAQ: Hong Kong VASP Licensing

Q: What’s the deadline for existing platforms to apply?
A: Operators must submit applications within 9 months after June 1, 2023.

Q: Can foreign-based exchanges obtain Hong Kong licenses?
A: Yes, but they must establish local entities and meet all SFC requirements.

Q: Are stablecoin trading services permitted?
A: No, the current framework excludes stablecoin transactions.

Q: How does Hong Kong’s approach compare to other jurisdictions?
A: It balances rigorous oversight with phased market access, similar to Singapore’s MAS framework.


Strategic Implications

Hong Kong’s licensing regime signals:

👉 Stay updated on regulatory developments