Page 758 - 《期货和衍生品行业监管动态》（2022年合集）
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期货和衍生品行业监管动态
5.《证券及期货条例》第 103 条。最高刑罚是罚款 500,000 元及监禁 3 年；
如属持续的罪行，则另加额外罚款。
6.《证券及期货条例》第 114 条。最高刑罚是罚款 5,000,000 元及监禁 7 年；
如属持续的罪行，则另加额外罚款。
Statement on Virtual Asset Arrangements Claiming to Offer Returns to
Investors (2022/12/13)
The Securities and Futures Commission (SFC) wishes to remind investors of the
risks associated with virtual asset (VA) platforms offering VA “deposits”, “savings”,
“earnings” or “staking” services (VA Arrangements) to investors in Hong Kong in
light of their continued prevalence despite previous investor warnings (Note 1) and
recent events in the virtual asset industry. The SFC also takes this opportunity to
remind the industry of the potential legal requirements when they offer VA
Arrangements to investors in Hong Kong.
The SFC has observed that some of these platforms may offer a high “interest
rate” on VA “deposits” or a daily generation of additional VA at a guaranteed or fixed
rate to investors. The VA deposited by investors with the platform may then be
on-lent by the platform to borrowers on other platforms or decentralised lending
protocols or used in investment or other activities. Some platforms may also offer
staking services to investors where investors’ VA may be delegated to a staking pool
to earn staking rewards for investors (Note 2).
The SFC wishes to remind investors of the significant risks associated with
investing in these types of VA Arrangements. Investors may suffer significant or even
total loss, especially in the event of fraud or collapse of a VA platform as evident in
the recent fallout of a number of VA platforms.
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