【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第6页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
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[接上页] (b) owns net assets of at least the same amount; and (c) owns assets held in Hong Kong to the value of at least $15000000.(3) The prescribed capital adequacy requirements are also complied with if the company- (a) is an associate of- (i) a company or corporation that is a substantial financial institution and provides continuous financial support to the first-mentioned company; or (ii) a company or corporation having a subsidiary that is a substantial financial institution and provides continuous financial support to the first-mentioned company; and (L.N. 223 of 2000)(b) has a paid up share capital of at least $30000000 and owns net assets of at least the same amount; and (c) owns assets held in Hong Kong to the value of at least $15000000. Cap 485A s 12 What is continuous financial support for the purposes of this Regulation? For the purposes of this Regulation, a substantial financial institution provides continuous financial support to a company that applies to be or is an approved trustee if the institution gives the Authority a written undertaking by deed or like form, acceptable to the Authority, that the institution- (L.N. 223 of 2000) (a) will, if so required by the Authority, subscribe sufficient additional capital of not more than $30000000 when the paid up share capital or net assets of the trustee or the applicant becomes less than that amount; and (b) will not, without the approval of the Authority, do any act to dispose of, or authorize the disposal or issue of, any part of the share capital or assets of the trustee or the applicant as a result of which the trustee or the applicant ceases to be an associate of the institution. (L.N. 223 of 2000) Cap 485A s 13 What is an eligible overseas bank for the purposes of this Regulation? A bank is an eligible overseas bank for the purposes of this Regulation if- (a) it is a bank incorporated outside Hong Kong and not holding a valid banking licence under the Banking Ordinance (Cap 155); and (5 of 2002 s. 407(2)) (b) it satisfies a minimum credit rating set by the Authority, based on the credit rating of the bank as determined by an approved credit rating agency. Cap 485A s 14 Definition PART II APPLICATION FOR APPROVAL AS TRUSTEE In this Part, "applicant" (申请人) means an applicant for approval under section 20 of the Ordinance. Cap 485A s 15 Eligibility for approval as trustee The Authority may approve an applicant under section 20 of the Ordinance only if the applicant satisfies the requirements of section 16, 17 or 19, as the case requires. Cap 485A s 16 Eligibility requirements for company incorporated in Hong Kong (1) If an applicant is a company incorporated in Hong Kong- (a) the applicant must be a registered trust company whose name includes the word "trust" or "trustee" if the name is in English, or the words "信讬" or "受讬人" if the name is in Chinese; and (b) the company must have at least 5 directors; and (c) all of the directors of the company must be natural persons; and (d) the business of the applicant must be limited to trust business.(2) The applicant must satisfy the Authority- (a) that all of the controllers of the applicant are persons of good reputation and character and, in particular, have not been found guilty, whether in Hong Kong or elsewhere, of an offence involving fraud or dishonesty; and (b) that the chief executive officer and a majority of the directors (which must include an independent director) of the applicant have the skill, knowledge, experience and qualifications that are, in the opinion of the Authority, necessary for the successful administration of provident fund schemes.(3) The applicant must comply with the prescribed capital adequacy requirements. (4) The applicant must have sufficient presence and control in Hong Kong. (5) An applicant has sufficient presence and control in Hong Kong if- (a) the applicant complies with subsection (6); and (b) it has sufficient expertise and management resources in Hong Kong to conduct its business operations effectively; and (c) the chief executive officer of the applicant ordinarily resides in Hong Kong.(6) An applicant complies with this subsection if- (a) the applicant's day to day business activities relating to the applicant's business in Hong Kong (including the keeping of its records relating to those activities) are conducted wholly in Hong Kong; or (b) where those activities are not conducted wholly in Hong Kong- (i) those activities are adequately supervised by the applicant from within Hong Kong; and (ii) sufficient records of those activities are kept at a place or places so that those records can be readily accessible in Hong Kong to enable an audit of them to be carried out. (7) The applicant must satisfy the Authority that it is capable of carrying on a business of administering registered schemes. (8) For the purpose of subsection (7), the Authority may enter and inspect the premises intended to be used by the applicant for carrying on the business of administering registered schemes. |
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