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Financial return, financial statement and business and risk management questionnaire

Financial return

Q1 : If a Platform Operator finds any form in the financial return inapplicable, is it still required to submit the full set of financial return?

A:

Platform Operators that find any forms inapplicable can indicate so in the Declaration page of the financial return.

 

(Key references: Declaration page of the financial return)

Q2 : Does a Platform Operator have to select on the cover page of the financial return all the relevant regulated activities/ virtual asset service for which it is licensed for?

A:

Yes.

 

(Key references: Form 1 of the financial return)

Q3 : Does a Platform Operator have to submit the financial return if it is deemed to be licensed to conduct a business of providing a VA service pending the final determination of its licence application (“Deemed Licensee”)?

A: Yes. Deemed Licensees are required to submit the financial return. Deemed Licensees shall select the type(s) of regulated activity(ies) / virtual asset service it applied for in “Form 1 Main” spreadsheet of the financial return.

Q4 : Does a Platform Operator have to submit the financial return if it has applied for cessation of provision of a VA service under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615)(AMLO)?

A:

A Platform Operator is required to submit the financial return as long as it is still licensed by the SFC (that is, until revocation of its licence).  

 

(Key references: Paragraph 6.5 of the VATP Guidelines)

Q5 : Where can I download the Excel template and data specification file of the latest financial return form?

A:

The Excel template of the latest financial return form is available for download from the SFC’s website


The data specification file is available for download from the SFC’s WINGS webpage, “
User Guide – Submission services”.

(Key references: Paragraph 6.5 of the VATP Guidelines)

Q6 : What system should be used for submitting financial returns?

A:

Financial returns should be submitted electronically through WINGS. You may access WINGS anytime, other than the scheduled system maintenance.

 

(Key references: Paragraph 6.5 of the VATP Guidelines)

Q7 : Is it secure if the Platform Operator submits the financial return through the Internet?

A:

Appropriate security measures have been used in WINGS platform and WINGS mobile app for the submission of financial returns, eg, traffic packets level encryption and dual authentication using WINGS mobile app.

Q8 : Do I need any special computer and mobile phone set up for the electronic submission of the financial return through WINGS?

A:

Please refer to the requirements specified in the Electronic submission of financial returns user guide posted on the SFC’s website. The requirements are briefly summarised as follows:

Computer requirement:
- installed with the latest version of Microsoft Excel application;
- installed with the latest versions of the Internet browsers namely Microsoft Edge or Google Chrome; and
- with broadband internet connection.

Mobile phone requirement:
- installed with the latest WINGS mobile app, which is available for download from Apple's App Store and Google's Play Store free of charge.

Q9 : How can I obtain a WINGS User Account to submit the financial return?

A: You should register a WINGS User Account via WINGS. If you are a responsible officer or an officer approved for signing financial return on behalf of a Platform Operator, you will receive an activation email. You would only be able to submit the financial return via WINGS after creating your WINGS User Account or upgrading your existing WINGS User Account using the link contained in the email with the subject “SFC - Activate your WINGS individual account”.

If your WINGS User Account has been activated accordingly, both your name and CE number will be displayed at the top right-hand corner of the screen after you logged on to WINGS.

Q10 : How can I e-sign the financial return?

A:

Please refer to the Electronic submission of financial returns user guide posted on the SFC’s website. In brief, you should have a WINGS User Account and register the WINGS mobile app with your WINGS User Account.

To e-sign the financial return, you should use the "scan QR code" function in the WINGS mobile app to scan the QR code displayed on WINGS platform when your financial return is successfully uploaded. 

Q11 : How to enable the permission right of a responsible officer to e-sign the financial return via WINGS?

A:

The WINGS platform's Corporate Administrators of a Platform Operator are responsible for enabling and disabling the permission right of any responsible officers and approved signers to e-sign financial return on behalf of the Platform Operator. Please refer to the Corporate Account Administration User Guide and video clips posted on the SFC’s "Online Demo" webpage for details.

Note 1: A newly approved responsible officer who is also the Manager-in-charge of Overall Management Oversight will be granted with the right to e-sign financial return by default while other newly approved responsible officer(s) will not be granted with the right automatically.


Note 2: Platform Operators are reminded to maintain at least two individuals (responsible officer or approved signer) with the permission right to e-sign the financial return of the Platform Operator. 

Q12 : What should I do if I have lost my WINGS account activation email?

A:

You can obtain it by:
(i) Going to the “Sign In” page on WINGS homepage;
(ii) Selecting “Lost your account activation letter/email?”; and
(iii) Filling in the required information

Q13 : Other than a responsible officer of the Platform Operator, would the SFC accept other officers to sign the financial return? If so, what are the application procedures?

Financial statement

Q14 : Can a Platform Operator or its associated entity, which is a holding company, submit only consolidated financial statements of the Platform Operator or its associated entity and its subsidiaries for the purposes of section 2(1)(a) or 3(a) of Schedule 3F to the AMLO?

A:

It is expected that a Platform Operator or its associated entity submits a set of accounts consisting of a profit and loss account, a balance sheet, and notes to the accounts of such Platform Operator or associated entity under section 2(1)(a) or 3(a) of Schedule 3F to the AMLO.  Furthermore, an auditor’s report, which contains the auditor’s opinion on such balance sheet and profit and loss account of the Platform Operator or the associated entity, is required to be submitted in accordance with sections 6(1)(b) and 6(1)(c) of Schedule 3F to the AMLO.

 

(Key references: Sections 2(1)(a), 3(a), 6(1)(b) and 6(1)(c) of Schedule 3F to the AMLO)

Business and risk management questionnaire (BRMQ)

Q15 : Where can a Platform Operator or its associated entity access the electronic BRMQ?

A:

The SFC’s new online portal WINGS, which is a common platform for making electronic submissions to the SFC, provides access to the electronic BRMQ.


A video “BRMQ – The BRMQ online form and its functions” which demonstrates how a Platform Operator or its associated entity can access the electronic BRMQ and introduces its functions is available under the “Online Demo” section of WINGS.

Q16 : Given that the electronic BRMQ form automatically skips questions which do not apply based on previous responses, can a Platform Operator or its associated entity print out a blank BRMQ form showing its full set of questions for general reference even though not all questions are applicable to it?

A:

A PDF version showing the full set of questions is available for download.  To download, click “File” on the menu bar of the electronic BRMQ, and then “Download full blank form in PDF”. If a Platform Operator or its associated entity would like to view the full set of questions with the skip logic instructions, it may click “File”, then “Download full blank form in PDF with skip logic instructions”.

Q17 : How can a Platform Operator or its associated entity merge the responses saved in different files into a single file for submission when staff from different departments have been assigned to complete different sections of the BRMQ?

A:

When more than one staff is completing the BRMQ, a Platform Operator or its associated entity may use the “Merge File” function to consolidate responses saved in multiple files into one merged file for submission.

 

To access the “Merge File” function, click “File” on the menu bar of the electronic BRMQ, and then “Merge file”. A video “BRMQ – Merging responses into a single file for submission” which demonstrates how multiple staff can provide input to the BRMQ online form and their responses can be merged for submission is available under the “Online Demo” section of WINGS.

Q18 : Who is allowed to submit the BRMQ to the SFC via the SFC online portal WINGS?

A:

Currently, only a responsible officer of a Platform Operator or an executive officer of an associated entity is allowed to submit the BRMQ to the SFC in WINGS.

 

A video “BRMQ – Submission of BRMQ in WINGS” which guides responsible officers or executive officers through the BRMQ submission process is available under the “Online Demo” section of WINGS.

Q19 : Who is responsible for approving the BRMQ?

A:

The person approving the BRMQ should be a responsible officer, a Manager-in-charge of Overall Management Oversight or a Manager-in-charge of Compliance of a Platform Operator, or an executive officer of an associated entity. The name of the person approving the BRMQ and his/ her capacity should be indicated in the “Front Page” of the BRMQ.  

Q20 : Are auditors required to express any opinion on the BRMQ?

A:

No. Section 2(1)(c) and 3(c) of Schedule 3F to the AMLO only require Platform Operators and associated entities respectively to prepare the BRMQ. There is no requirement for the BRMQ to be accompanied by an audit opinion. However, the BRMQ may be a good reference for the auditors of a Platform Operator or associated entity to understand its risk management measures and internal controls.

 

(Key references: Sections 2(1)(c) and 3(c) of Schedule 3F to the AMLO)

Q21 : Must a Platform Operator have in place all the internal control measures, policies and procedures set out in the list of answer options provided for questions in the BRMQ in order to meet the standard expected by the SFC?

A:

No. The SFC recognises that different Platform Operators may adopt different control measures, policies and procedures to achieve the internal control objectives for various operational functions and business lines. Therefore, the answer options provided in the BRMQ are neither intended to be, nor should they be construed as, an exhaustive or mandatory list of measures, policies and procedures for a Platform Operator’s internal control systems. A Platform Operator should adopt such policies and procedures as are adequate and appropriate to achieve the related internal control objectives as well as commensurate with the scope and nature of its business and its operating environment.

Q22 : What should a Platform Operator or its associated entity do if:
(i) it encounters technical difficulties when completing or submitting the BRMQ?
(ii) it becomes aware that certain information contained in the electronic BRMQ submitted to the SFC is incorrect?
 

A:

(i) Please call (852) 2207 9333 or e-mail its enquiries to TechEnquiries@wings.sfc.hk for assistance.
(ii) Please contact its responsible case officer in the Intermediaries Supervision Department.

Last update: 1 Mar 2024

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