PANews reported on February 20 that the Hong Kong Monetary Authority (HKMA) today issued a circular on the sale and distribution of Token Products, setting out the expected regulatory standards for authorized institutions to comply with when selling and distributing Token products to customers.
As a general principle, the existing regulatory requirements and consumer/investor protections for the sale and distribution of a product also apply to the product sold and distributed in the form of Token generation, as its terms, features and risks (other than those arising from Token itself) are similar to those of the relevant product. Although some Token Products are basically traditional products wrapped in Token, there may still be some situations where the nature, characteristics and risks of a Token Product may change due to the structure and arrangement of the product during the Token process. For example, an arrangement to Token a segmented equity in an asset may constitute a collective investment scheme. AIs should therefore ensure that they assess and understand the terms, features and risks of each Token Product and should exercise professional judgment to determine the applicable legal and regulatory requirements. In addition to the expected standards set out in this Circular, AIs should comply with all applicable laws and regulatory requirements when selling and distributing Token Products. AIs should have adequate systems and controls in place to ensure compliance with all applicable requirements when selling and distributing Token Products to their customers, and separately implement appropriate internal controls to address the relevant Token. In addition to the general principles, AIs should implement consumer/investor protections on due diligence, disclosure and risk management in relation to Token Products.
AIs should implement adequate policies, procedures, systems and controls to ensure compliance with the requirements set out in this Circular and other applicable requirements before engaging in activities related to Token Products, and discuss with the HKMA in advance. The HKMA will continue to monitor the regulatory environment and global developments in the Token Market and provide further guidance to AIs as necessary.