【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第7页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
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[接上页] (9) The Authority may refuse the application of an applicant who fails to allow the Authority to enter and inspect the premises referred to in subsection (8). Cap 485A s 17 Eligibility requirements for company incorporated outside Hong Kong (1) If an applicant is a company incorporated outside Hong Kong- (a) the applicant must be a company to which Part XI of the Companies Ordinance (Cap 32) applies, and 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 objects of the company must contain some of, but not more than, those specified in section 81 of the Trustee Ordinance (Cap 29); and (c) the company must have at least 5 directors and all of the directors of the company must be natural persons; and (d) the applicant must satisfy the Authority as to the matters specified in subsection (2).(2) The following matters are specified for the purposes of subsection (1)(d)- (a) the applicant is incorporated or registered in a jurisdiction where there are in force laws relating to corporations and trusts and that those laws are comparable to those of Hong Kong; (b) the applicant is adequately regulated under those laws and is adequately supervised by an authority established in that jurisdiction that is acceptable to the Authority; (c) that authority certifies to the Authority that the applicant is in good standing and has not contravened any requirement under the laws relating to corporations or trusts in force in that jurisdiction; (d) the business of the applicant is limited to trust business; (e) the applicant has experience in conducting business internationally, and standing as an international financial institution, that are acceptable to the Authority.(3) The applicant must designate one of its controllers to be its Hong Kong chief executive officer. The Hong Kong chief executive officer- (a) must be a natural person; and (b) must, either alone or with others, be immediately responsible to the directors of the company for the conduct of the whole of the applicant's business in Hong Kong.(4) 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, the Hong Kong 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.(5) The applicant must comply with the prescribed capital adequacy requirements. (6) The applicant must have sufficient presence and control in Hong Kong. (7) An applicant has sufficient presence and control in Hong Kong if- (a) the applicant complies with subsection (8); and (b) it has sufficient expertise and management resources in Hong Kong to conduct its business operations effectively; and (c) the Hong Kong chief executive officer of the applicant ordinarily resides in Hong Kong.(8) 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.(9) The applicant must satisfy the Authority that it is capable of carrying on a business of administering registered schemes. (10) For the purpose of subsection (9), the Authority may enter and inspect the premises intended to be used by the applicant for carrying on the business of administering registered schemes. (11) The Authority may refuse the application of an applicant who fails to allow the Authority to enter and inspect the premises referred to in subsection (10). (12) The applicant must enter into a written undertaking with the Authority that the applicant, and all transactions relating to the administration by the applicant in Hong Kong of provident fund schemes and all disputes arising out of those transactions, will be governed by the law of Hong Kong. Cap 485A s 18 Auditor's report on prescribed capital adequacy requirements (1) An applicant under section 16 or 17 must submit to the Authority, on or before such date as the Authority may specify, a written report prepared by an auditor appointed by the applicant and addressed to the applicant. (2) The report must state, in the opinion of the auditor, whether or not the applicant, as at a date agreed between the applicant and the Authority subject to subsection (3), complies with the prescribed capital adequacy requirements. |
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