The following examples are not considered as operating a money service at particular premises:

(i) operating a money service without any fixed premises, e.g. door?to?door service;

(ii) meeting customers at a customer office; or

(iii) conducting transactions with the use of mobile electronic devices.

If there are no particular premises for operating your money service, you must provide a local management office, a correspondence address, and a local place for storage of books and records in the application form.

See also Q10 for local management office and Q12 local place for storage of books and records.

The following examples are considered suitable to be registered for the operation

of a money service:

(i) Particular premises should be accessible by C&ED (Customs and Excise Department) officers for carrying out their functions under the MSO regulatory regime; and

(ii) Where particular premises are situated in a mixed commercial and residential building (i.e. situated in domestic premises), the applicant has secured the written consent of every occupant of the premises for any authorized person of C&ED to enter the premises to conduct an inspection.

A copy of the stamped tenancy agreement or record of ownership of the premises, together with the floor plan should be provided.

The following examples are considered NOT suitable to be registered for the operation of a money service:

(i) Particular premises are situated in a wholly residential building;

(ii) Particular premises are being used by other MSO for operating a money service or being declared by other applicants for grant/renewal of an MSO licence;

(iii) Particular premises that are not accessible without the permission or assistance of the occupant/owner of other business sharing the same premises in which the area occupied/owned by another party becomes de facto the entrance to the particular premises; or

(iv) Business name displayed on the signboard of the particular premises is different from the business name registered in the Business Registration Certificate which is submitted for the grant or renewal of an MSO licence or notification of changes in particulars in connection with the licence application.

See also Q11 for sharing the same business premise with other businesses.

An applicant who chooses to operate a money service without particular premises must maintain a physical presence in Hong Kong, which will be its local management office (LMO). The LMO is a physical office that can be reached in person and through telephone by C&ED (Customs and Excise Department) officers to perform the functions under the AMLO, as well as receive documents/correspondence from C&ED such as circulars and notices to the licensee. Personnel in the LMO must be the sole proprietor, partner, director, ultimate owner, and/or compliance officer (CO) of the licensee. As such, the residential address/premises of an MSO or the address/premises of its service provider (if any), such as company secretarial firm, accounting firm, business center or solicitor firm, etc. will not be accepted by the CCE as the LMO of an MSO. This is necessary to provide a local office and the personnel of the licensee as a point of contact for interfacing with C&ED for the effective supervision of the licensee’s money service business. Where another business is also being run on the same premises of LMO, the LMO must be clearly partitioned so as to clearly distinguish the LMO from the other business.

Failure to submit the information of LMO for licence application/renewal application is deemed as an invalid application that will not be processed by C&ED and/or will result in refusal to grant licence. If a licensee fails to maintain the LMO or if the LMO fails to serve as a point of contact for interfacing with C&ED, such as without the presence of the licensee’s personnel, it will result in the suspension and/or revocation of the licence. C&ED will conduct a check to ensure the suitability of premises applied to be an LMO.

Where other business is being run on the same premises of an applicant, the money service business of the MSO must be clearly partitioned and distinguished from the other business. Sharing the premises with other MSO to operate money service businesses will not be accepted by the CCE (Commissioner of Customs and Excise).

Where the premises in respect of which an application is made belong to mixed commercial and residential building, the applicant should secure the written consent of every occupant of the premises for any authorized person to enter the premises for a routine inspection.

In addition, all applicants are required to have a local place for the storage of books and records.

An applicant is required to provide the information of a local place for storage of books and records (“LPS”) in Hong Kong, which is a physical place for keeping the full set of books and records in respect of its money service transactions. The LPS must be under the control of the licensee so as to facilitate the Customs and Excise Department (C&ED) officer’s access to them to perform the functions under the AMLO. As such, the residential address/premises of an MSO or the address/premises of its service provider (if any), such as company secretarial firm, accounting firm, business center or solicitor firm, etc. will not be accepted by the CCE as the LPS of an MSO.

Failure to submit the information of LPS for licence application/renewal application is deemed as an invalid application that will not be processed by C&ED and/or will result in refusal to grant licence. If a licensee fails to maintain the LPS, it will result in the suspension and/or revocation of the licence.