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[接上页] (b) between a self-employed person and the approved trustee of the scheme for the self-employed person to participate in the scheme; or (c) between a person intending to maintain a preserved account in the scheme and the approved trustee of the scheme; (2 of 2002 s. 21)"prescribed capital adequacy requirements" (订明资本充裕程度规定), in relation to a company that applies to be or is an approved trustee, has the meaning given by section 11; "preserved account" (保留帐户), in relation to a member of a master trust scheme or an industry scheme, means an account with the scheme (other than a contribution account) in which the accrued benefits in respect of any former employment or former self-employment of the member are held, and includes- (a) a former contribution account of the member retained in the scheme under section 147(6); (b) the member's benefits, if any, transferred to the scheme from an ORSO exempted scheme or an ORSO registered scheme; (2 of 2002 s. 21)"recognized futures market" (认可期货市场) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (5 of 2002 s. 407(2)) "recognized stock market" (认可证券市场) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (5 of 2002 s. 407(2)) "registered trust company" (注册信讬公司) means a trust company registered under Part VIII of the Trustee Ordinance (Cap 29); "scheme assets" (计划资产) means securities and other assets acquired and held for the purposes of a registered scheme, and includes- (a) income derived from the investment of those securities or other assets; and (b) money payable to the scheme;"securities" (证券) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (5 of 2002 s. 407(2)) "substantial financial institution" (具规模财务机构) has the meaning given by section 7; Cap 485A s 3 What is an approved overseas bank for the purposes of this Regulation? A bank incorporated outside Hong Kong is an approved overseas bank for the purposes of this Regulation if the bank has satisfied the Authority that it is authorized by the law of a place outside Hong Kong to carry on the business of a bank and the Authority has notified the bank in writing that it has approved the bank as an overseas bank for those purposes. Cap 485A s 4 What is an approved overseas insurer for the purposes of this Regulation? An insurer incorporated outside Hong Kong is an approved overseas insurer for the purposes of this Regulation if the insurer has satisfied the Authority that it is authorized by the law of a place outside Hong Kong to carry on the business of an insurer and the Authority has notified the insurer in writing that it has approved the insurer as an overseas insurer for those purposes. Cap 485A s 5 What is an approved overseas trust company for the purposes of this Regulation? A trust company incorporated outside Hong Kong is an approved overseas trust company for the purposes of this Regulation if the company has satisfied the Authority that it is authorized by the law of a place outside Hong Kong to carry on the business of a trust company and the Authority has notified the company in writing that it has approved the company as an overseas trust company for those purposes. Cap 485A s 6 What is an approved pooled investment fund for the purposes of this Regulation? (1) An investment fund is an approved pooled investment fund for the purposes of this Regulation if it is an insurance policy, authorized unit trust or authorized mutual fund that- (a) complies with the requirements set out in section 17(2) of Schedule 1; and (b) is approved by the Authority. (2) The granting of an approval in respect of a pooled investment fund is subject to the payment to the Authority of such fee (if any) as may be prescribed in the Fees Regulation and to such conditions (if any) as the Authority considers appropriate. (2 of 2002 s. 21) (3) Where the Authority- (a) has decided that it is appropriate to- (i) amend any conditions imposed under subsection (2) or this subsection on an approved pooled investment fund; or (ii) impose conditions on an approved pooled investment fund; and(b) has given to the investment manager, insurer or trustee concerned- (i) not less than 30 days' advance notice of its decision, specifying its grounds; and (ii) an opportunity to make written representations as to why the conditions should not be amended or imposed,then the Authority may, by written notice served on the investment manager, insurer or trustee- (i) amend any conditions imposed under subsection (2) or this subsection on the investment fund; or (ii) impose conditions on the investment fund. (2 of 2002 s. 21)(4) The Authority may waive a person's compliance with a condition imposed under subsection (2) or (3)- (a) in a particular case; and |