HK securities watchdog proposes regulation changes for structured products

09:50, October 31, 2009      

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The Securities and Futures Commission (SFC) of Hong Kong announced on Friday that it has launched a two-month public consultation to solicit public comments on proposed changes to the regulation of structured products.

The SFC proposed that the public offers of structured products, be they in the form of bonds or not, all be governed by the Securities and Futures Ordinance, saying that the changes were proposed to enhance the protection of investors.

This means that "unlisted structured products, their offering documents and marketing materials will have to be authorized under the Securities and Futures Ordinance before being offered to the public unless an exemption applies," the securities watchdog said.

The proposed changes will allow the SFC greater flexibility to regulate public offers of unlisted structured products by setting out appropriate standards, it added.

Under the current law, public offers of structured products in Hong Kong in the form of bonds are governed by the Companies Ordinance, whereas the public sales of other structured products are governed by Securities and Futures Ordinance.

The existing practice for listed structured products and bank- issued money market and currency-linked instruments will remain unchanged, the SFC said.

Source: Xinhua
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