Page 51 - 期货和衍生品行业监管动态（2022年6月）

期货和衍生品行业监管动态

In addition, where an arrangement in relation to an NFT involves an offer to the
Hong Kong public to participate in a CIS, authorisation requirements under the SFO

may also be triggered.

Notes:

1. As defined in Section 1 of Part 1 of Schedule 1 to the Securities and

Futures Ordinance (SFO).

2. As defined in Schedule 1 to the SFO, a “CIS” generally has four

elements: it must involve an arrangement in respect of property; participants

do not have day-to-day control over the management of the property; the

property is managed as a whole by or on behalf of the person operating the

arrangements or the contributions of the participants and the profits or
income from which payments are made to them are pooled; and the purpose

or effect of the arrangement is for participants to participate in or receive
profits, income or other returns from the acquisition or management of the

property.

3. “Regulated activities” are specified in Part 1 of Schedule 5 to the

SFO.

4. Information for businesses which intend to engage in regulated

activities involving virtual assets is available from the SFC Fintech Contact

Point.

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

refNo=22PR34

18. 香港证监会建议对《证券及期货条例》作出修订以加强执法 （2022 年 6 月

10 日）

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