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【法规名称】 
【法规编号】 82385  什么是编号?
【正  文】

第2页 CAP 571AI SECURITIES AND FUTURES (INSURANCE) RULES

[接上页]

  (2) The Commission may, in respect of any period of insurance-
  
  (a) approve one policy of insurance in respect of the regulated activity of dealing in securities to be the master policy of insurance for all specified licensed corporations that are exchange participants of the Stock Exchange Company licensed for that regulated activity; and
  
  (b) approve one policy of insurance in respect of the regulated activity of dealing in futures contracts to be the master policy of insurance for all specified licensed corporations that are exchange participants of the Futures Exchange Company licensed for that regulated activity.(3) The Commission shall not approve a master policy of insurance under this section unless the insurer of the master policy of insurance (or, if the master policy of insurance is jointly undertaken by more than one insurer, each insurer) has the specified credit rating on the date of the approval.
  
  Cap 571AI Sched 1 SPECIFIED RISKS
  
  [section 2]
  
  1. The risks in relation to which a specified licensed corporation shall take out and maintain insurance under these Rules are the risks of loss arising out of the loss of client assets that are received or held by the specified licensed corporation (including client assets that are received or held by an associated entity of the specified licensed corporation) in relation to its carrying on in Hong Kong of a regulated activity, attributable to-
  
  (a) fraudulent or dishonest conduct by employees of the specified licensed corporation (or its associated entity or service bureau);
  
  (b) robbery or theft while the client assets are in the custody of the specified licensed corporation (or its associated entity);
  
  (c) forgery or fraudulent alteration of a cheque or other negotiable instrument;
  
  (d) fraudulent use of an information system; and
  
  (e) forged or fraudulent instructions relating to the client assets.
  
  2. For the purposes of this Schedule-
  
  "employee" (雇员), in relation to a specified licensed corporation (or its associated entity or service bureau), includes an individual who is or has been an employee, officer or licensed representative of, or who is or has been engaged whether under a contract of service or otherwise by, the specified licensed corporation (or its associated entity or service bureau);
  
  "service bureau" (服务单位), in relation to a specified licensed corporation, means a person to whom the specified licensed corporation has delegated the duty to perform certain functions that are ancillary to the carrying on by the specified licensed corporation of any regulated activity.
  
  Cap 571AI Sched 2 SPECIFIED AMOUNT
  
  [section 2]
  
  PART 1
  
  REGULATED ACTIVITIES CARRIED ON IN HONG KONG
  
  1. Where a specified licensed corporation is licensed to carry on in Hong Kong one regulated activity, the insured amount in respect of a period of insurance for the specified risks arising out of that regulated activity shall be the amount specified in column 2 of Part 2 opposite to that regulated activity which it is licensed to carry on in Hong Kong.
  
  2. Where a specified licensed corporation is licensed to carry on in Hong Kong more than one regulated activity-
  
  (a) if it takes out and maintains a single policy of insurance for the specified risks arising out of all those regulated activities, the insured amount in respect of a period of insurance for all those regulated activities which it is licensed to carry on in Hong Kong shall be $25000000;
  
  (b) if it takes out and maintains a separate policy of insurance for the specified risks arising out of each of those regulated activities, the insured amount in respect of a period of insurance for each relevant regulated activity shall be the amount specified in column 2 of Part 2 opposite to that relevant regulated activity which it is licensed to carry on in Hong Kong.
  
  3. The insured amount referred to in sections 1 and 2 is the amount of insurance to be maintained in respect of the aggregate of all claims that may be made during any period of insurance and, subject to those sections, there shall be no limit on the amount of each claim.
  
  PART 2
  
  INSURED AMOUNT
  
  Regulated activity
  
  Insured amount
  
  ($)
  
  1. Dealing in securities
  
  15000000
  
  2. Dealing in futures contracts
  
  15000000
  
  3. Leveraged foreign exchange trading
  
  Nil
  
  4. Advising on securities
  
  Nil
  
  5. Advising on futures contracts
  
  Nil
  
  6. Advising on corporate finance
  
  Nil
  
  7. Providing automated trading services
  
  Nil
  
  8. Securities margin financing
  
  15000000
  
  9. Asset management
  
  Nil
  
  Each of the regulated activities specified in column 1 of this Part shall have the meaning assigned to it by Part 2 of Schedule 5 to the Ordinance.
  
  Cap 571AI Sched 3 SPECIFIED CREDIT RATINGS
  
  [section 2]
  
  1. A Moody's Investors Service rating of A or above for Long-Term Insurance Financial Strength.
  
  2. A Standard & Poor's Corporation rating of A or above for Insurer Financial Strength.
  
  3. A Fitch Ratings Limited rating of A or above for Insurer Financial Strength.
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