【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第6页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] (2) An application under this section shall be- (a) made by the trustee of the relevant ORSO registered scheme; (b) made in such form as may be specified by the Authority; (c) accompanied by- (i) the prescribed fee; (ii) a copy of the latest governing rules of the scheme; and (iii) such other documents (including statutory declarations, and documents proving the date of establishment of the scheme) as may be specified by the Authority; and(d) made before the specified date or such later date as the Authority may specify in writing, either generally or in a particular case or class of cases.(3) Without prejudice to the generality of subsection (2), where a relevant ORSO registered scheme ("new scheme") is such a scheme by virtue of sections 2(2) and 14, an application under this section shall also be accompanied by- (a) a statement setting out- (i) the reason for establishing the new scheme; and (ii) the eligibility requirements for members of the original schemes to be transferred to the new scheme;(b) if the new scheme is established before the relevant date, a copy of the governing rules of each of the original schemes as those rules were immediately before the respective members of those schemes were transferred to the new scheme; and (c) the documents providing for the transfer, if any, of assets from the original schemes to the new scheme.(4) Where the Authority receives an application under this section, the Authority may require the applicant to supply to the Authority such information or documents (including a legal opinion on a matter specified by the Authority) as the Authority shall specify which is reasonably required to enable him to determine the application. (5) Where the Authority refuses an application for an exemption certificate, the Authority shall give a notice in writing of the refusal to the applicant and the notice shall state the reason for the refusal. (6) An appeal under section 35 of the Ordinance against a decision of the Authority to refuse an application for an exemption certificate may be made by the applicant within 2 months after the date on which the notice concerned under subsection (5) is given. *(7) In this section, "specified date" (指明日期) means a date specified by the Authority- (a) by notice in the Gazette; and (b) for the purposes of this section._________________________________________________________________________________ Note: * 4 May 2000 was the day specified under this section - see Cap 485 sub. leg. D. Cap 485B s 17 Effect of exemption certificate and mandatory conditions (1) Without prejudice to the operation of section 3, the effect of an exemption certificate is that- (a) the existing members and new members of the relevant ORSO registered scheme to which the certificate relates, and the relevant employer of the scheme, are each exempt from Part III of the Ordinance; (b) the scheme, the existing members and new members of the scheme, the relevant employer and the administrator (within the meaning of the relevant Ordinance) of the scheme are each subject to the conditions specified in Schedule 2 which are applicable thereto; and (c) the provisions of Schedule 3 shall apply to and in relation to the trustee, the directors, if any, of the trustee, the assets of the scheme and the person appointed by the trustee to manage the investment of the assets.(2) The provisions of any specified document applicable to any of the scheme, members and relevant employer referred to in subsection (1) shall not apply to that scheme, those members or that relevant employer, as the case may be, to the extent that any of those provisions are inconsistent with any of the provisions of the mandatory conditions to which that scheme, those members, that relevant employer, as the case may be, are respectively subject. (3) In this section, "specified document" (指明文件) means- (a) the governing rules of a relevant ORSO registered scheme; (b) any enactment other than the Ordinance; (c) any articles, or memorandum, within the meaning of the Companies Ordinance (Cap 32); or (d) any constitution or rules. Cap 485B s 18 Action to be taken by relevant employer to whom exemption certificate has been issued The relevant employer to whom an exemption certificate has been issued shall, as soon as is practicable- (a) cause the certificate to be exhibited at all times in a conspicuous position at- (i) his principal office in Hong Kong; (ii) if there is no such office, each premises where a member of the relevant ORSO registered scheme to which the certificate relates is employed; and(b) provide each member of the scheme with a copy of the certificate. Cap 485B s 19 Withdrawal of exemption certificate on application by relevant employer (1) The Authority may on an application in writing withdraw an exemption certificate where the Authority is satisfied that- (a) the grounds for withdrawal warrant the withdrawal; and (b) if the certificate is withdrawn, the relevant employer of the ORSO registered scheme to which the certificate relates will not thereby be in breach of the provisions of the Ordinance.(2) An application under this section shall- |
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