【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第12页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
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[接上页] (4) Amounts may be deducted from the account of a scheme member whose accrued benefits form part of a capital preservation fund only as provided by subsections (5) to (7). (5) If the approved trustee of a registered scheme some or all of the funds of which comprise a capital preservation fund is required to pay a levy under section 17(3) of the Ordinance, such amount as may be necessary to enable the trustee to pay the levy may be deducted from the account of each scheme member whose accrued benefits form part of that fund. The amount is to be calculated as follows- A=L× MAB CPA where- A represents the amount to be calculated; L represents the amount of the levy; MAB represents the member's accrued benefits that form part of the capital preservation fund; CPA represents the total funds comprising the capital preservation fund.(6) If- (a) funds attributable to a scheme member form part of a capital preservation fund; and (b) the amount of the income and profits derived from the investment of those funds for a particular month exceeds the amount of interest that would be earned if those funds had been placed on deposit in a Hong Kong dollar savings account at the prescribed savings rate,an amount not exceeding the excess may be deducted from the member's accrued benefits as scheme administrative expenses for that month. (7) However, if for a particular month no amount is deducted as administrative expenses under subsection (6), or the amount of administrative expenses that is deducted under that subsection is less than the amount of administrative expenses for the month, the deficiency may be deducted from the amount of any excess that may remain in respect of any of the following 12 months after deducting the administrative expenses applicable to that following month. (8) In this section- "authorized financial institution" (认可财务机构) means an authorized financial institution belonging to a class specified by the Authority from time to time for the purposes of this subsection by notice published in the Gazette; (L.N. 223 of 2000) "Hong Kong dollar savings account" (港元储蓄帐户) means a Hong Kong dollar savings account established by an authorized financial institution; "prescribed savings rate" (订明储蓄利率) means the rate prescribed by the Authority for the purposes of this subsection by notice published in a Chinese language newspaper and an English language newspaper circulating in Hong Kong as- (a) the rate at which interest is for the time being payable in respect of a Hong Kong dollar savings account; or (b) if different authorized financial institutions pay interest on Hong Kong dollar savings accounts at different rates, the rate determined by the Authority as the average of those rates. Cap 485A s 38 Statement of investment policy to be maintained in respect of each registered scheme (1) A statement of investment policy must be prepared and maintained in respect of each registered scheme. (2) The statement of investment policy must include sufficient information to enable scheme members to ascertain in relation to each constituent fund of the scheme- (a) the investment objectives of the fund; and (b) the policy as to the kinds of securities and other assets in which the fund may be invested; and (c) the policy as to the balance between different kinds of securities and other assets of the fund; and (d) the policy regarding the acquisition, holding and disposal of financial futures contracts and financial option contracts for the purposes of the fund; and (e) the risks inherent in implementing the policies referred to in paragraphs (b), (c) and (d) and the return expected to result from giving effect to those policies. Cap 485A s 39 Control objectives and internal control procedures to be maintained for each registered scheme (1) Control objectives that comply with subsection (2) must be established for each registered scheme and be maintained at all times while the scheme is registered. (2) For the purposes of subsection (1), the control objectives of a registered scheme must include (but are not limited to) the following- (a) ensuring that the scheme assets are safeguarded in the interests of scheme members; (b) ensuring that the guidelines made by the Authority under section 28 of the Ordinance with respect to forbidden investment practices are not contravened; (c) ensuring that the limitations and prohibitions imposed under this Regulation with respect to the investment of the funds of the scheme in restricted investments are complied with; (d) ensuring that the requirements of sections 37(2), 51 and 52 and Schedule 1 with respect to permissible investments are complied with in relation to the scheme; (e) ensuring that the funds of the scheme and the scheme assets are, except as permitted by this Regulation, kept separate from those of the participating employers and of the approved trustee of the scheme and of the service providers and other persons appointed or engaged for the purposes of the scheme.(3) Internal control measures for achieving the control objectives of each registered scheme must be established for the scheme and must be maintained and complied with at all times while the scheme is registered. |
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