【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第8页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
|
[接上页] (3) The date referred to in subsection (2) must be on or before the date on which the Authority approves the applicant's application. (4) The report may include such observations, elaborations, qualifications or explanations as the auditor considers necessary. (5) If the Authority requires an applicant to rectify a matter relating to any of those observations, elaborations, qualifications or explanations, the applicant must submit to the Authority, before the end of the period within which the Authority has allowed for the matter to be rectified, a second report prepared by the same auditor who prepared the report referred to in subsection (1). (6) The second report must state whether or not, in the opinion of the auditor, the matter relating to the observations, elaborations, qualifications or explanations included by the auditor in the written report has been rectified. Cap 485A s 19 Eligibility requirements for natural persons An applicant who is a natural person must- (a) ordinarily reside in Hong Kong; and (b) satisfy the Authority that the applicant is a person of good reputation and character and, in particular, has not been found guilty, whether in Hong Kong or elsewhere, of an offence involving fraud or dishonesty. Cap 485A s 20 Applicant's other business compatible with interests of scheme members (1) The Authority may approve the application of an applicant only if it is of the opinion that all businesses carried on by the applicant (other than the business of administering provident fund schemes) are compatible with the interests of members of provident fund schemes administered by the applicant. (2) Subsection (1) applies even though the applicant is able to comply with the other provisions of this Part and with the requirements of the Authority made under this Part. Cap 485A s 21 Definitions PART III REGISTRATION OF SCHEMES (1) In this Part- "applicant" (申请人), in relation to a provident fund scheme, means the applicant for the scheme to be registered in accordance with section 21 or 21A of the Ordinance and, if an application is made by 2 or more trustees, means those trustees jointly; "the scheme" (计划), in relation to the application made by an applicant, means the provident fund scheme to which the application relates. (2) A reference to an approved trustee, in relation to an application to register a provident fund scheme other than as an industry scheme, includes a reference to a natural person or company that has applied for approval as an approved trustee under section 20 of the Ordinance. Cap 485A s 22 Undertaking to comply with requirements and standards An applicant must give a written undertaking to the Authority that the applicant will ensure that, as far as reasonably practicable, the requirements and standards prescribed in Part IV will be complied with in relation to the provident fund scheme concerned if it is registered. Cap 485A s 23 Application requirements (1) An application for registration of a provident fund scheme must be signed- (a) if the applicant is or includes a company, by at least 2 directors of the company; and (b) if the applicant consists wholly of natural persons, by at least 2 of those persons, including the independent trustee.(2) If an application is made by persons all of whom are natural persons, each of those persons (other than an independent trustee) must be a member or prospective member of the scheme. (3) If an application is made by persons of whom one or more are companies and the others are natural persons, each of those natural persons must be a member or prospective member of the scheme. (4) An application to register a provident fund scheme as an employer sponsored scheme must include particulars of the employer sponsoring the scheme. (5) A person is an independent trustee for the purposes of section 21(3) of the Ordinance if the person- (a) is not a controller, close relative, partner or employee of the employer sponsoring the scheme or of an associate of that employer; and (b) where the employer sponsoring the scheme is a company, does not hold any shares of the company or of an associate of the company; and (c) satisfies the Authority that the person has the skill, knowledge, experience and qualifications that are, in the opinion of the Authority, necessary for a person to administer provident fund schemes; and (d) satisfies the Authority that the person has no past or present association (financial or otherwise) with- (i) the employer sponsoring the scheme; or (ii) a controller of that employer; or (iii) an associate of that employer or of such a controller, that could affect the impartiality of the person's independent judgment; and(e) is not an auditor or actuary of the scheme.(6) If an application is made by persons any of whom are natural persons, each of those natural persons must produce to the Authority a performance guarantee or satisfy the Authority that the trustee will have entered into such a guarantee before the scheme begins to operate. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！