Page 35 - 期货和衍生品行业监管动态(2023年6月刊)
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期货和衍生品行业监管动态




                   further consultation on proposed changes to the position limit regime for the derivatives

                   market (Note 1). These include imposing obligations on asset managers who manage

                   funds  or  sub-funds  of  umbrella  funds  and  amending  the  Securities  and  Futures
                   (Contracts Limits and Reportable Positions) Rules in response to HKEX’s proposed

                   enhancements to its position limit regime (Note 2).


                        After considering market feedback, the SFC will implement the proposed changes

                   to  give  more  clarity  on  regulatory  requirements  in  relation  to  funds  to  facilitate

                   compliance and provide more flexibility to the market by increasing position limits for

                   certain products. Subject to the legislative process, the SFC plans for the law changes

                   to come into effect in December 2023.


                        Notes:


                        1. In  the  Consultation  Conclusions  and  Further  Consultation  on  proposed

                            changes  to  the  Securities  and  Futures  (Contracts  Limits  and  Reportable

                            Positions) Rules and the Guidance Note on Position Limits and Large Open

                            Position Reporting Requirements published on 22 November 2022, the SFC
                            concluded  some  of  the  proposals  including:  (1)  expanding  the  list  of

                            “specified  contracts”  for  granting  excess  position  limits;  (2)  prescribing

                            position limits and reporting levels for some new contracts; (3) increasing the

                            position  limit  for  renminbi  currency  contracts;  (4)  imposing  large  open

                            position reporting requirements for holiday trading contracts; (5) clarifying

                            the circumstances under which a clearing participant is not regarded as having

                            discretion over its clients’ positions; and (6) introducing an excess position

                            limit regime for clearing participants.


                        2. The  obligations  relate  to  the  application  of  position  limits  and  reporting

                            requirements to funds. Other changes include revising the statutory position

                            limits  for  stock  options  and  stock  futures  contracts,  and  removing  the

                            additional position limits for mini stock index futures and options contracts.


                   https://apps.sfc.hk/edistributionWeb/gateway/EN/news-and-


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