Compliance
Hong Kong Consults On Tweaking Definition Of HNW Professional Investor

Hong Kong’s Securities and Futures Commission has launched a public consultation on refining the requirements for determining whether a person qualifies as a high net worth investor.
At present, under what are called Professional Investor Rules,
there are four types of HNW professional investors; a trust
corporation with total assets of not less than HK$40 million or
its equivalent, an individual with a portfolio of not less than
HK$8 million, a corporation or partnership with either a
portfolio of not less than HK$8 million or total assets of not
less than HK$40 million, or a corporation the sole business of
which is to hold investments and which is wholly owned by an
individual who has a portfolio of not less than HK$8 million.
The PIR set out specific methods, or evidential requirements, to
ascertain the relevant assets or portfolio thresholds, including
audited financial or custodian statements. However, in October
2009, when the SFC published a previous consultation paper, some
market participants disclosed that, because of those specific
evidential requirements, they have found it hard to treat clients
as professional investors.
In response, the SFC is proposing that, while the minimum value
of the relevant assets or portfolio will remain unchanged, firms
will, in the future, be able to use any method to satisfy
themselves that an investor meets the required asset or portfolio
threshold at the relevant date.