Hong Kong warns against crypto firms misrepresenting as ‘banks’

HKMA warns about unlicensed crypto firms misusing the term "bank," violating Hong Kong's Banking Ordinance and misleading consumers.Hong Kong's central bank said that two overseas crypto companies represented themselves as banks in Hong Kong.
HKMA warns about unlicensed crypto firms misusing the term "bank," violating Hong Kong's Banking Ordinance and misleading consumers.Hong Kong's central bank said that two overseas crypto companies represented themselves as banks in Hong Kong.

The Hong Kong Monetary Authority (HKMA) warned its citizens that some overseas crypto companies are misusing the word “bank” to improve their trust quotient.

On Nov. 15, Hong Kong’s central bank warned about crypto companies that are not licensed banks in Hong Kong making such misrepresentations. The HKMA said some crypto firms have represented themselves as banks or used the term to describe their services and products. 

The central bank said that these acts may be against the law. “Such acts may constitute a contravention of the Banking Ordinance,” the HKMA wrote. 

Two crypto firms represented themselves as banks

The HKMA highlighted that the warning comes as two overseas-based crypto companies conducted activities in Hong Kong and represented themselves as banks. 

The central bank warned that one company made a representation that it was a bank, while the other described a product on its site as a “bank card.” 

The HKMA expressed concerns that such claims by the companies “mislead consumers” to believe that they may be licensed in Hong Kong and that such services and products are provided by banks licensed in the region under the HKMA. 

Despite the warning, the HKMA did not identify the companies. 

Related: Hong Kong court rules for investors in JPEX cryptocurrency fraud case

Illegal to use the word “bank” without a license

The central bank explained that authorized institutions like licensed banks, restricted license banks and deposit-taking companies are allowed to facilitate banking services in Hong Kong under the Banking Ordinance. The HKMA wrote: 

“Other than licensed banks in Hong Kong, it is an offense for any person to use the word ‘bank’ in the name or description under which the person carries on business or makes any representation that the person is a bank or is carrying on banking business in Hong Kong.”

The banking authority cautioned that crypto companies not authorized by the HKMA are not supervised and not necessarily licensed in Hong Kong. 

The HKMA concluded that under its laws, it’s an offense for unlicensed companies to use the term “bank” or make representations that they are performing banking services in Hong Kong.  

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