Scott Carnachan, Consultant, was recently quoted in Thomson Reuters Regulatory Intelligence. The article discussed, following the SFC’s recent conviction of ETrade Securities, how it has become a compliance imperative to avoid creating unintentional licensing obligations.
Scott said: "Be careful that you do not unintentionally create a Hong Kong licensing obligation for your group companies that operate outside Hong Kong. For SFC-licensed corporations, do not market the services of your group companies to the public in Hong Kong.” Any marketing of services to the public in Hong Kong should be for the SFC-licensed corporation's services, he said.
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