【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第9页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
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[接上页] (7) A performance guarantee relating to a person- (a) must be issued in writing by an authorized financial institution or authorized insurer; and (b) must impose a continuing obligation on the authorized financial institution or authorized insurer to indemnify the scheme against any loss sustained by the scheme or the scheme members as a result of- (i) a failure by the person concerned to perform a duty imposed on approved trustees by or under the Ordinance; or (ii) a breach of any fiduciary duties on the part of the person concerned; and (c) must be governed by the law of Hong Kong; and (d) may allow the guarantor to terminate its obligation under the guarantee only by giving not less than 30 days' written notice in advance to the Authority and to the person concerned.(8) The liability of the authorized financial institution or authorized insurer under the obligation referred to in subsection (7)(b) must be at least $10000000 or an amount equivalent to 10 per cent of the net asset value of the scheme, whichever is the less. (9) The applicant must also ensure there is in force, or arrangements have been made to enter into, adequate insurance that will indemnify scheme members against losses that the members could incur as a result of the administration of the scheme by the applicant or by any service provider appointed or engaged to provide services for the purposes of the scheme. Cap 485A s 24 Application to include statement of investment policy (1) An application must include a statement setting out the investment policy (including the investment objectives) of the 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 25 Notice of registration of industry scheme (1) The Authority must publish in the Gazette, within 7 days after an industry scheme is registered under section 21A of the Ordinance, a notice of that registration. (2) For the purposes of section 21A(11) of the Ordinance, the notice referred to in subsection (1) must contain the following particulars- (a) the name of the scheme; (b) the name and address of the approved trustee of the scheme; (c) the type of industry to which the scheme relates; (d) the documents to be provided by an employer who applies to participate in the scheme; (e) the documents to be provided by a self-employed person who applies to become a member of the scheme. Cap 485A s 26 Operation of this Part PART IV REQUIREMENTS AND STANDARDS FOR REGISTERED SCHEMES The requirements and standards set out in sections 27 to 41 are the requirements and standards prescribed for the purposes of section 21C of the Ordinance. Cap 485A s 27 Eligibility of approved trustees of employer sponsored scheme (1) If all the approved trustees of an employer sponsored scheme are natural persons, at least one of those trustees must be an independent trustee and the others must be members of the scheme. (2) If one or more of the approved trustees of an employer sponsored scheme are companies and the others are natural persons, each of the natural persons must either be an independent trustee or a member of the scheme. (3) A person is an independent trustee for the purposes of this Part only if the person continues to satisfy the requirements set out in section 23(5). Cap 485A s 28 Appointment of officer of approved trustee that is a company (1) If an approved trustee of a registered scheme is a company and the office of an officer of the company becomes vacant, an application must be made to the Authority for its consent to the appointment of a replacement officer within 30 days after the vacancy arises. (2) An officer may be appointed in respect of an approved trustee of a registered scheme that is a company only if the Authority has given its prior written consent to the appointment. Cap 485A s 29 Maintenance of adequate insurance (1) There must be in force in respect of a registered scheme adequate insurance that will indemnify scheme members against losses that the members could incur as a result of the administration of the scheme by the trustee or by any service provider appointed or engaged to provide services for the purposes of the scheme. (2) The insurance relating to the scheme must provide that it may be terminated by the insurer only if the insurer gives not less than 30 days' written notice in advance to the trustee or the service provider by whom the insurance was entered into. |
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