SFC and Exchange sign addendum to MOU Governing Listing Matters

The Securities and Futures Commission (SFC) and The Stock Exchange of Hong Kong Limited (Exchange), a wholly-owned subsidiary of Hong Kong Exchanges and Clearing Limited (HKEX), have signed an addendum (Addendum) to the Memorandum of Understanding (MOU) Governing Listing Matters (Notes 1 & 2).

Pursuant to arrangements under the Addendum, a new Listing Policy Panel (LPP) has been established as an advisory, consultative and steering body to initiate and centralise discussions on listing policy with broader regulatory or market implications.  The LPP was set up based on the Joint Consultation Conclusions on Proposed Enhancements to The Stock Exchange of Hong Kong Limited’s Decision-making and Governance Structure for Listing Regulation (Joint Consultation Conclusions) (Note 3).

The LPP consists of 12 members comprising senior representatives of the SFC, the Listing Committee, HKEX and the Takeovers and Mergers Panel.  The LPP is not a committee under the SFC, HKEX or the Exchange (Note 4).

The role of the SFC as a statutory regulator has evolved to have a more direct presence in more serious listing matters.  The Joint Consultation Conclusions clarified the role of the SFC as the statutory regulator in (i) administering the Securities and Futures Ordinance and the Securities and Futures (Stock Market Listing) Rules (SMLR), and (ii) supervising, monitoring and regulating the activities of the Exchange, including the Exchange’s role as the regulator in administering the Listing Rules.  The Exchange is the primary front-line regulator and remains the contact point for all listing applications, save in respect of concerns raised by the SFC under the SMLR.  The SFC is the direct contact point on issues raised under the SMLR.  The Addendum reflects the amendments to the MOU based on these clarifications.

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