Client Affairs
Compliance Corner: MAS, Hong Kong
The latest compliance news: regulatory developments, punishments, guidance, permissions and new product and service offerings.
Monetary Authority of Singapore
Singapore’s main financial regulator said yesterday that Wong
Leon Keat was sentenced on 12 March 2021 to a total of eight
weeks’ imprisonment and fined $22,290 for false trading and
deceiving a brokerage firm while trading in the shares of Gaylin
Holdings Limited.
He was convicted on 11 February 2021 and his conviction was the result of a joint investigation conducted by the Monetary Authority of Singapore and the Commercial Affairs Department of the Singapore Police Force, MAS said in a statement.
Wong was charged with creating misleading appearances over the price of Gaylin shares on 17 occasions; he was charged for deceiving UOB Kan Hian Private by not disclosing a beneficial interest in the shares bought using a UOBKH trading account belonging to another person; and charged with providing false information to the public officer probing the matter. He pleaded guilty to seven charges; the remaining 11 charges were taken into consideration for the purpose of sentencing.
This individual was a director of WLA Regnum Pte from 2007 to 2017. WRPL’s business included advising corporate entities on initial public offerings on the mainboard or catalist board of the SGX-ST. WRPL advised Gaylin on its IPO in 2012 and Wong also, in his personal capacity, introduced investors to invest in Gaylin shares.
Hong Kong
The Securities
and Futures Commission has reprimanded and fined Sino-Rich
Securities & Futures HK$7.2 million ($5.6 million) for not
complying with anti-money laundering and counter-terrorist
financing regulatory requirements when handling cash deposits and
third party fund transfers.
The SFC’s investigation found that between April 2015 and October 2017, the firm had “routinely” processed 238 cash deposits, with an aggregate amount of more than $30 million; and 269 third-party transfers, with an aggregate amount of more than $900 million.
For cash deposits, the regulator said there is “no record of any enquiries” made by Sino-Rich’s staff with the clients and approvals by its responsible officers prior to January 2017. It was only after the SFC issued a management letter to Sino-Rich in November 2016 that Sino-Rich required its staff to record the reasons and the responsible officers’ approval for cash deposits, it said.
The SFC said that in third-party transfers, Sino-Rich’s staff
were required to fill in the relevant third-party transfer forms.
However, information such as the client’s relationship with the
third party, the reason for the transfer and/or the client’s
signature was not provided in around 40 per cent of the forms.
The SFC also found that there were “numerous occasions”
where the relationships or reasons stated do not include
sufficient particulars to explain why the relevant clients had to
use their securities/futures accounts at Sino-Rich to receive or
route funds from/to third parties.