SFC fines Brilliance Asset Management Ltd HK3.15m for short position reporting failures

Further information

Statement of Disciplinary Action

SFC reprimands and fines Brilliance Asset Management Limited $3.15 million over short position reporting failures

Issue date: 2021-02-22 16:37:20

The Securities and Futures Commission (SFC) has reprimanded Brilliance Asset Management Limited (Brilliance) and fined it $3.15 million over failures to ensure short position reports (SPRs) for four collective investment schemes (CISs) under its management were accurate and compliant with the requirements under the Securities and Futures (Short Position Reporting) Rules (SPR Rules) (Notes 1 & 2).

Following two self-reports by Brilliance, the SFC conducted an investigation which found that Brilliance had prepared and submitted SPRs to the SFC for these four CISs between 8 July 2016 and 30 August 2019, but a total of 7,814 short positions held respectively by these CISs were either misstated or omitted in these reports.

The errors found in the SPRs prepared by Brilliance were the result of the followings:

The SFC considers that Brilliance had failed to act competently to ensure the SPRs it prepared would be accurate and compliant with the applicable requirements under the SPR Rules.

In deciding the sanction, the SFC took into account all relevant circumstances, including Brilliance’s prompt remedial actions and cooperation with the SFC in resolving the SFC’s concerns and its otherwise clean disciplinary record.

End

Notes:

  1. Brilliance is licensed under the Securities and Futures Ordinance to carry on Type 9 (asset management) regulated activity.
  2. Please refer to the Statement of Disciplinary Action for the relevant provisions of the SPR Rules.
News captured as of:2021-02-22 16:37:21

Source: SFC

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