In accordance with the regulations set forth in the Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Chapter 615, Laws of Hong Kong (“AMLO”), individuals engaging in specific transactions or cash-related activities within Hong Kong are required to secure the appropriate registration from the Commissioner of Customs and Excise (“CCE”).

In accordance with section 53ZUE of the AMLO, any individual, excluding registered parties, who engages in specified transactions or cash-related activities within Hong Kong is considered to have committed an offense. Upon conviction, such individuals may face a fine of $100,000 and a maximum imprisonment term of 6 months.

Type of registrations:

1. Category A
2. Form 1A(BR)
3. Form 1A(H)
4. Category B
5. BR Holder
6. Form 1B(BR)
7. Form 3A (Individual)

• Form 3B (Corporate)

Category A

Criteria of Granting Registration- Section 53ZUF of the AMLO stipulates that to obtain a Category A registration, one must apply to the CCE in the prescribed format, along with the application fee outlined in Schedule 3K of the AMLO. The CCE can grant this registration only if the applicant satisfies the following criteria.

• Possession of a valid business registration certificate (or a valid hawker license as per section 53ZVP of the AMLO).
• A declaration that the proposed precious metals and stones business will be conducted for lawful purposes.
• Provision of the address for each intended business location and the applicant’s correspondence address.

Validity of a Category A Registration- Category A registrants are required to remit an annual fee, as detailed in Schedule 3K, to the CCE on or before each yearly anniversary of their registration’s commencement. Failure to make this annual payment could result in the cancellation of the Category A registration.

Fee for registration- Application for registration as a Category A registrant-$260. Annual fee payable by a Category A registrant under section 53ZUH-$195.

Required documents-

• Sole Proprietorship
  1. A photocopy of a valid Business Registration Certificate.
  2. A photocopy of the Extract of information from the Business Register.
  3. A photocopy of the sole proprietor’s HKID Card.

• Partnership
  1. A photocopy of a valid Business Registration Certificate.
  2. A photocopy of the Extract of information from the Business Register.
  3. An authorization letter signed by all partners.
  4. A photocopy of the HKID Card of the authorized partner.

• Local Company
  1. A photocopy of a valid Business Registration Certificate.
  2. A photocopy of the Certificate of Incorporation.
  3. An authorization letter from the Board of Directors.
  4. A photocopy of the HKID Card of the authorized representative.

• Non-Hong Kong Company
  1. A photocopy of a valid Business Registration Certificate.
  2. A photocopy of the Certificate of Registration of the non-Hong Kong Company.
  3. An authorization letter from the Board of Directors.
  4. A photocopy of the HKID Card of the authorized representative.

• Hawker License
  1. A photocopy of the hawker license issued under the Hawker Regulation, Cap. 132AI.
  2. A photocopy of the applicant’s HKID Card.

Category B

Criteria of Granting Registration- According to section 53ZUO of the AMLO, to secure a Category B registration, one must apply to the CCE in the prescribed format, accompanied by the specified application fee in Schedule 3K of the AMLO. The CCE may grant registration only if the applicant meets these conditions-

• Possession of a valid business registration certificate (or a valid hawker license as defined in section 53ZVP of the AMLO).
• Submission of the addresses for each intended business location and the applicant’s correspondence address.
• Confirmation that each designated individual associated with the applicant is a suitable and reputable person to engage in or be associated with a precious metals and stones business.

Validity of a Category B Registration- The duration of a Category B Registration typically spans three years, commencing from the date of approval. Nonetheless, the CCE may exercise discretion to adjust the registration’s duration on a case-by-case basis, considering individual circumstances.

Fee for registration- Application for registration as a category B registrant $1,970, $650 plus for each person who is subject to the fit and proper person test $650.

Required documents-

• Sole Proprietorship
  1. A photocopy of a currently valid Business Registration Certificate.
  2. A photocopy of the Extract of information from the Business Register.
  3. Partnership
  4. A photocopy of a currently valid Business Registration Certificate.
  5. A photocopy of the Extract of information from the Business Register.

• Local Company
  1. A photocopy of a currently valid Business Registration Certificate.
  2. A photocopy of the Certificate of Incorporation.
  3. A photocopy of the most recent Annual Return (Form NAR1) along with all documents submitted to the Companies Registry after the latest Annual Return filing.
  4. A photocopy of the Incorporation Form – Form NNC1 (for companies limited by shares) or Form NNC1G (for companies not limited by shares) for newly established companies.
  5. Details regarding the group structure or the percentage of shareholdings held by each group member.
  6. A photocopy of the Memorandum and Articles of Association.
  7. Significant Controller Register.

• Non-Hong Kong Company
  1. A photocopy of a currently valid Business Registration Certificate.
  2. A photocopy of the Certificate of Registration of the non-Hong Kong Company.
  3. A photocopy of the most recent Annual Return of the Registered Non-Hong Kong Company (Form NN3) along with all documents submitted to the Companies Registry subsequent to the latest Annual Return filing.
  4. A photocopy of the Application for Registration as a Registered Non-Hong Kong Company – Form NN1.
  5. Details regarding the group structure or the percentage of shareholdings held by each group member.
  6. A photocopy of the Memorandum and Articles of Association.
  7. Significant Controller Register.
  8. For Applicants Holding a Valid Hawking License

• Hawker License

A photocopy of the hawker license issued under the Hawker Regulation, Cap. 132AI.

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