【法规名称】
【法规编号】 79945 什么是编号？
【正 文】
第12页 CAP 426 OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE
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[接上页] (6) A resolution referred to in subsection (5)(c) shall not be passed in relation to more than 2 consecutive financial years of a registered scheme. (7) For the purposes of subsection (3), the relevant employer of a registered scheme shall, as soon as reasonably practicable after a written request is made of him by the auditor of the scheme- (a) allow the auditor and such other person as may be authorized by that auditor, to have access to such books and records of the employer; and (b) give to the auditor such information and explanations,as he may reasonably require for the purposes of discharging his duty in relation to the scheme. (7A) The auditor appointed under subsection (7B)(a) of the relevant employer of a registered scheme ("the employer's auditor") to which subsection (1)(b) applies shall, not later than 4 months after each of the scheme's financial years or such longer period as the Registrar may in his absolute discretion permit in any particular case, give to the auditor preparing the report under subsection (3)(b) ("the administrator's auditor") a statement- (a) in such form as the Registrar may specify in guidelines issued by him; (b) containing such information as may reasonably be required for the purposes of enabling the administrator's auditor to discharge his duty under subsection (3)(b) in relation to the scheme; and (c) where the employer's auditor- (i) has been denied access to the employer's books and records in contravention of subsection (7B)(b)(i); or (ii) has not been given necessary information and explanations as required by subsection (7B)(b)(ii), of that fact. (Added 59 of 1993 s. 21)(7B) For the purposes of subsection (7A), the relevant employer of a registered scheme to which that subsection applies shall- (a) ensure that, at all relevant times, he has appointed an auditor to discharge the duty imposed under that subsection on the employer's auditor; and (b) as soon as reasonably practicable after a request is made of him by that auditor- (i) allow the auditor and such other person as may be authorized by that auditor, to have access to such books and records of the employer; and (ii) give to the auditor such information and explanations, as the auditor may reasonably require for the purposes of discharging his duty under that subsection. (Added 59 of 1993 s. 21)(7C) The administrator of a pooling agreement accepted under section 2(5) shall, subject to any exemption granted by the Registrar, appoint- (a) a common accounting year for each of the schemes within the pooling agreement; and (b) the same auditor to audit the financial statements of each participating scheme under the pooling agreement for the purposes of subsections (1)(b) and (2). (Added 53 of 1995 s. 12)(8) An employer who fails to comply with subsection (7) or (7B) commits an offence and shall be liable on summary conviction to a fine of $10000. (Amended 59 of 1993 s. 21) (Enacted 1992) Cap 426 s 21 Requirements in relation to assets (1) The assets of a registered scheme- (a) subject to subsections (4)(b) and (4A), shall, except where the Registrar is satisfied as regards the scheme in the manner described in section 18(4)(b)(ii), be kept separate and distinct from and shall not form part of the assets of the relevant employer of the scheme or the assets of the administrator of the scheme which are not vested in him in his capacity as such; (Amended 59 of 1993 s. 22; 53 of 1995 s. 13) (b) shall not be subject to any assignment, charge, pledge or other encumbrance except- (i) the trust (if any) governing the scheme; (ii) any charge or pledge created for the purposes of securing loans necessary for meeting the liabilities of the scheme; and (iii) any option to acquire for valuable consideration any interest in the assets of the scheme granted in the normal course of business; and(c) shall only be applied for the purposes of the scheme.(2) Any assignment, charge, pledge or other encumbrance created over the assets of a registered scheme shall be void to the extent to which the creation contravenes subsection (1). (3) Where the net realizable value of the assets of a registered scheme exceeds the aggregate past service liability and the terms of the scheme provide for repayment of the excess or any part thereof to the relevant employer of the scheme in such circumstances, nothing in this section shall be construed as preventing such repayment. (4) Where a registered scheme is the subject of or regulated by an insurance arrangement, it is hereby declared that- (a) notwithstanding- (i) the terms of the scheme (including of that arrangement); (ii) the other provisions of this Ordinance; (iii) the provisions of any other enactment; or (iv) any rule of law, the assets or estate of the relevant employer of the scheme available for distribution in the event of the bankruptcy or winding up of that employer shall not include so much of the assets of that scheme as equals the aggregate past service liability of the members of that scheme;(b) subsection (1)(a) shall not operate to either- |
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