Home 2022 Hong Kong SFC Fines Guosen Securities $360,000 for Incomplete & Incorrect Statements...

Hong Kong SFC Fines Guosen Securities $360,000 for Incomplete & Incorrect Statements to 930 Clients, Used Expired Agreements of 1,009 Clients for Pledging of Collateral

Dec 22, 2022

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Hong Kong SFC Fines Guosen Securities $360,000 for Incomplete & Incorrect Statements to 930 Clients, Used Expired Agreements of 1,009 Clients for Pledging of Collateral

22nd December 2022 | Hong Kong

Hong Kong Securities & Futures Commission (SFC) has fined Guosen Securities $360,000 (HKD 2.8 million) for providing incomplete & incorrect statements to 930 clients, and using expired agreements of 1,009 clients for pledging of collateral. Hong Kong SFC: “The SFC’s investigation found that between 1 January 2021 and 7 March 2021, Guosen relied on expired standing authority of 1,009 clients to obtain financial accommodation by re-pledging their securities collateral with a bank as collateral. The SFC also found that from May 2020 to November 2020, Guosen had provided monthly statements with incomplete and incorrect information to 930 clients.” Guosen Securities had self-reported the incidents to Hong Kong Securities & Futures Commission (SFC). See Hong Kong SFC announcement below.

“ Hong Kong SFC Fines Guosen Securities $360,000 for Incomplete & Incorrect Statements to 930 Clients, Used Expired Agreements of 1,009 Clients for Pledging of Collateral “

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Hong Kong SFC Announcement

Hong Kong, Asia’s leading financial centre

SFC reprimands and fines Guosen Securities (HK) Brokerage Company, Limited $2.8 million over regulatory breaches

21st Dec 2022 – The Securities and Futures Commission (SFC) has reprimanded and fined Guosen Securities (HK) Brokerage Company, Limited (Guosen) $2.8 million for regulatory breaches in relation to the handling of client assets and the provision of client account statements (Note 1).

The SFC’s investigation found that between 1 January 2021 and 7 March 2021, Guosen relied on expired standing authority of 1,009 clients to obtain financial accommodation by repledging their securities collateral with a bank as collateral.

The SFC also found that from May 2020 to November 2020, Guosen had provided monthly statements with incomplete and incorrect information to 930 clients.

Guosen’s failures constitute breaches of the Securities and Futures (Client Securities) Rules (CSR), the Securities and Futures (Contract Notes, Statement of Account and Receipts) Rules (CNR) and the Code of Conduct (Notes 2 & 3).

In deciding the disciplinary sanction, the SFC has taken into account all relevant circumstances, including:

Guosen’s remedial actions and self-reports to the SFC regarding its breaches of the CSR and the CNR;
the abovementioned incidents appear to be isolated;
there is no evidence of client loss as a result of Guosen’s regulatory breaches; and
Guosen’s cooperation in resolving the SFC’s concerns and accepting the SFC’s findings and disciplinary action.

Guosen is licensed under the Securities and Futures Ordinance to carry on business in Type 1 (dealing in securities), Type 2 (dealing in futures contracts), Type 4 (advising on securities) and Type 5 (advising on futures contracts) regulated activities.

Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission.

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