【法规名称】
【法规编号】 82437 什么是编号？
【正 文】
第2页 CAP 571I SECURITIES AND FUTURES (CLIENT MONEY) RULES
|
[接上页] (a) into a segregated account; (b) to the client from whom or on whose behalf it has been received; (c) subject to subsection (6), in accordance with a written direction; or (d) subject to subsections (5) and (6), in accordance with a standing authority.(5) A licensed corporation or an associated entity of a licensed corporation shall not pay any amount of client money of the licensed corporation under subsection (4)(d) if- (a) to do so would be unconscionable; or (b) the standing authority authorizes payment to an account in Hong Kong of the licensed corporation or associated entity, or an account in Hong Kong of any corporation with which the licensed corporation is in a controlling entity relationship or in relation to which the associated entity is a linked corporation, and that account is not a segregated account.(6) Neither a licensed corporation nor an associated entity of a licensed corporation may pay, or permit to be paid, any amount of client money of the licensed corporation to- (a) any of its officers or employees; or (b) any officer or employee of any corporation with which the licensed corporation is in a controlling entity relationship or in relation to which the associated entity is a linked corporation,unless that officer or employee is the client of the licensed corporation from whom or on whose behalf such client money has been received. Cap 571I s 5 Payment of client money out of segregated accounts (1) A licensed corporation or an associated entity of a licensed corporation that holds any amount of client money of the licensed corporation in a segregated account shall retain it there until it is- (a) paid to the client of the licensed corporation, being the client on whose behalf it is being held; (b) subject to subsection (3), paid in accordance with a written direction; (c) subject to subsections (2) and (3), paid in accordance with a standing authority; (d) required in order to meet the client's obligations to meet settlement or margin requirements in respect of dealing in securities or futures contracts carried out by the licensed corporation on behalf of the client of the licensed corporation, being the client on whose behalf it is being held; or (e) required to pay money that the client of the licensed corporation, being the client on whose behalf it is being held, owes- (i) to the licensed corporation in respect of the carrying on by the licensed corporation of any regulated activity for which it is licensed; or (ii) to the associated entity in respect of the receipt or holding of client money for or on behalf of the client by the associated entity.(2) A licensed corporation or an associated entity of a licensed corporation shall not pay any amount of client money of the licensed corporation under subsection (1)(c) if- (a) to do so would be unconscionable; or (b) the standing authority authorizes payment to an account in Hong Kong of- (i) the licensed corporation or associated entity in circumstances other than those set out in subsection (1)(d) or (e); or (ii) any corporation with which the licensed corporation is in a controlling entity relationship or in relation to which the associated entity is a linked corporation, and that account is not a segregated account.(3) Neither a licensed corporation nor an associated entity of a licensed corporation as referred to in subsection (1) may pay, or permit to be paid, any client money of the licensed corporation to- (a) any of its officers or employees; or (b) any officer or employee of any corporation with which the licensed corporation is in a controlling entity relationship or in relation to which the associated entity is a linked corporation,unless that officer or employee is the client on whose behalf such client money is being held. Cap 571I s 6 Treatment of interest on client money held in segregated accounts (1) Subject to subsection (2), a licensed corporation or an associated entity of a licensed corporation that holds client money of the licensed corporation shall deal with amounts of interest derived from the holding of the client money in a segregated account in accordance with section 5(1). (2) Any amount of interest retained in a segregated account which the licensed corporation or associated entity that holds the client money in question is entitled to retain under an agreement in writing with a client of the licensed corporation, being the client on whose behalf the client money is being held, shall be paid out of the account by the licensed corporation or associated entity within one business day after- (a) the interest is credited to the account; or (b) the licensed corporation or associated entity becomes aware that the interest has been credited to the account,whichever is the later. Cap 571I s 7 Requirements in respect of a client's written direction For the purposes of section 4(4)(c) or 5(1)(b), a written direction is a written notice that- (a) relates to an amount of client money of a licensed corporation referred to in that section; |
- 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！