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【法规名称】 
【法规编号】 82313  什么是编号?
【正  文】

第10页 CAP 163A MONEY LENDERS REGULATIONS

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  3. This exemption is subject to the conditions set out herein.
  
  CONDITIONS
  
  Signed ................................................
  
  Registrar.
  
  (Enacted 1988)
  
  FORM 11
  
  [sections 33B & 34]
  
  MONEY LENDERS ORDINANCE
  
  (Chapter 163)
  
  APPLICATION BY A PERSON TO BE EXEMPTED
  
  FROM SPECIFIED PROVISIONS OF THE
  
  MONEY LENDERS ORDINANCE
  
  (To be completed in triplicate)
  
  Application is hereby made to the Registrar for an exemption under section 33B of the Money Lenders Ordinance.
  
  Please answer the following questions-
  
  (If there is insufficient space provided for your answer, please continue on a separate sheet of paper, specifying the question number to which your answer relates, and add your signature.)
  
  1. State-
  
  (a) the name of the person
  
  (b) in the case of a person who is a licensed money lender, the number of the licence
  
  2. Is this application for the renewal of an exemption previously granted under section 33B of the Money Lenders Ordinance? (answer "yes" or "no")
  
  3. If the answer to item 2 is "yes", give the exemption number of the exemption you are seeking to renew.
  
  4. Have you ever been granted any exemption under section 33B of the Money Lenders Ordinance which was revoked? (answer "yes" or "no"). If yes, give exemption number(s).
  
  5. Do not answer item 6 if-
  
  (a) the answer to item 2 is "yes";
  
  (b) you have, in accordance with item 3, given the exemption number of the exemption you are seeking to renew; and
  
  (c) both-
  
  (i) the provisions of the Money Lenders Ordinance from which you are exempted by virtue of your existing exemption; and
  
  (ii) all the reasons given, in the last application under section 33B of the Money Lenders Ordinance that resulted in your existing exemption, for seeking to be exempted from those provisions, are the same provisions for the same reasons for which you are seeking an exemption by virtue of this application.
  
  In any other case, you must answer item 6.
  
  ............................................
  
  ............................................
  
  ............................................
  
  ............................................
  
  ............................................
  
  6. Specify in column 1 of the following table each provision of the Money Lenders Ordinance for which you are seeking an exemption and specify in column 2 of that table opposite each such provision the respective reason or reasons why you are seeking that particular exemption-
  
  TABLE
  
  Column 1
  
  Column 2
  
  Provision of Money
  
  Lenders Ordinance
  
  for which exemption
  
  is sought
  
  Reason(s) why exemption
  
  is sought
  
  I declare that all information given by me in this application is true and correct.
  
  Dated this ............................... day of ..................... 19 .........
  
  Signed .........................................................
  
  Where the person is an individual
  
  or firm, the applicant. Where the
  
  person is a company, a person
  
  authorized in this behalf by that
  
  company [Note: evidence of
  
  authorization should be produced].
  
  PLEASE NOTE
  
  1. You are advised to read the Money Lenders Ordinance and the Money Lenders Regulations before submitting this application.
  
  2. The fee payable upon submitting this application is $500.
  
  3. The original and one copy of this application together with the fee payable on application should be posted or delivered to the Registrar.
  
  4. One copy of this application should be posted or delivered to the Commissioner of Police at the same time as the original and one copy of this application is posted or delivered to the Registrar.
  
  5. You are advised that, in accordance with the definition of "company" in section 2(1) of the Money Lenders Ordinance, references in this application to "company" (公司) mean a body corporate-
  
  (a) incorporated under the Companies Ordinance;
  
  (b) incorporated by any other Ordinance; or
  
  (c) incorporated or established outside Hong Kong.
  
  WARNING-Section 29(2) of the Money Lenders Ordinance makes it an offence punishable by a fine of $100000 and imprisonment for 2 years for a person to make a false or misleading statement or furnish false or misleading information in connection with any application for an exemption.
  
  (Enacted 1988)
  
  Cap 163A Sched 3 FORM OF SUMMARY OF PROVISIONS OF THE ORDINANCE TO BE INCLUDED IN OR ATTACHED TO A NOTE OR MEMORANDUM OF A LOAN AGREEMENT
  
  [regulation 11]
  
  [sections 18(1) & 34]
  
  THE MONEY LENDERS ORDINANCE
  
  The provisions of the Money Lenders Ordinance summarized below are important for the protection of all the parties to a loan agreement, and should be read carefully. The summary is not part of the law, and reference should be made to the provisions of the Ordinance itself in case of doubt.
  
  Summary of Part III of the Ordinance-Money lenders transactions
  
  Section 18 sets out the requirements relating to loans made by a money lender. Every agreement for a loan must be put into writing and signed by the borrower within 7 days of making the agreement and before the money is lent. A copy of the signed note of the agreement must be given to the borrower, with a copy of this summary, at the time of signing. The signed note must contain full details of the loan, including the terms of repayment, the form of security and the rate of interest. An agreement which does not comply with the requirements will be unenforceable, except where a court is satisfied that it would be unjust not to enforce it.
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