Opalesque has published the article "Other Voices: SFC issues guidance to private equity firms and family offices on licensing issues," written by Akin Gump investment management partner Anne-Marie Godfrey.
In the article, Godfrey discusses a recent clarification from the Hong Kong Securities and Futures Commission (SFC) regarding the circumstances under which "it would expect private equity firms and its personnel to be licensed under the [Securities and Futures Ordinance]." She writes that the licensing triggers often depend on a PE firm's activities in Hong Kong as well as discretionary investment authority. Godfrey then discusses the licensing obligations pertaining to family offices.
The article concludes with a suggestion from Godfrey that the SFC provide more guidance on how private equity fund managers "should approach the obligations which are more difficult to comply with" as well as "the usual condition on such managers' licenses which will prevent them from "holding" client assets."