- A hard-start approach may force compliant firms to stop operations.
- The HKSFPA urges a 6–12 month grace period for applicants.
- The association also raised concerns over the CARF framework.
Hong Kong’s plan to tighten oversight of digital asset firms has raised concerns that crypto managers could be forced to suspend operations.
The warning comes from the Hong Kong Securities & Futures Professionals Association (HKSFPA), which has flagged risks associated with the potential implementation of new licensing requirements without a transition period.
The government is currently consulting on extending the city’s regulatory reach across virtual asset dealing, advisory and fund management services.
These proposals aim to close gaps in oversight but could leave active firms in limbo if licences are required from day one.
Concerns over hard launch timing
The HKSFPA’s main concern is that a “hard start” would require all market players to hold a valid licence before the new framework officially begins.
Without any grace period, this could mean that businesses awaiting approval would have to stop offering regulated services, even if they’ve submitted their applications.
This would impact firms that are already operating legally under the current rules but have not yet received a licence under the new system.
The concern is that licensing reviews could take time, especially given the complexity involved, which could create regulatory bottlenecks and disrupt the sector.
Group pushes for grace period
In a formal submission, the HKSFPA has asked for a six to twelve-month deeming period for businesses that apply ahead of the new regime’s start date.
The group believes this would allow operations to continue while the Securities and Futures Commission (SFC) processes applications.
Without such a buffer, even firms with strong compliance practices could face forced shutdowns due to administrative delays.
The application process itself is not quick, and the risk of backlogs is significant, especially as more companies prepare to enter a newly regulated environment.
Expanded oversight still under review
The proposed rules are still in the consultation phase and do not yet have a confirmed start date.
If implemented, they would mark a shift in how virtual asset services are governed in Hong Kong, moving beyond trading platforms to include advisory and fund management services.
The industry body supports Hong Kong’s aim of strengthening regulatory standards for digital assets.
However, it warns that if timelines are too rigid, it could discourage institutional involvement and slow down the adoption of compliant crypto infrastructure.
Second warning highlights implementation risk
In a separate consultation submission made this week, the HKSFPA also expressed concerns about the upcoming Crypto Asset Reporting Framework (CARF) being introduced in line with the OECD’s recommendations.
While the group supports the policy direction, it again warned that inflexible execution could lead to unintended exposure to operational and legal risks.
Taken together, the two submissions reflect a broader message from the industry: while regulation is welcomed, execution must avoid creating hurdles that push firms out of the market.
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