【法规名称】
【法规编号】 82483 什么是编号？
【正 文】
第11页 CAP 41 INSURANCE COMPANIES ORDINANCE
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[接上页] (iii) where a preliminary notice of objection under section 13B(4) has been served on the person in respect of that contravention- (A) the Insurance Authority has, before the expiration of 2 months from the date of service of the preliminary notice, notified that person in writing that there is no objection to his having become the controller, within the meaning of section 13B, to which that contravention relates; or (B) the period referred to in sub-subparagraph (A) has expired without the Insurance Authority having served on that person a notice of objection under section 13B(4) in respect of that contravention; or(iv) a notice of objection has been so served within the period referred to in subparagraph (iii)(A) but an appeal under section 13B(7) by that person against the decision of the Insurance Authority to so serve such notice of objection is successful, (Replaced 35 of 1996 s. 8)the Insurance Authority shall forthwith serve a notice in writing on that person to the effect that the first-mentioned notice is revoked. (7) The Insurance Authority shall not, by virtue of subsection (1)(b), make an application referred to in subsection (5) unless- (a) the application relates to shares which are the subject of a notice in writing under subsection (2); and (b) the person upon whom that notice has been served has not, within 14 days after the service of that notice, served a notice in writing under section 13B(3) in respect of the contravention of section 13B(2) to which that first-mentioned notice relates:Provided that this subsection shall be without prejudice to the Insurance Authority's power, by virtue of subjection (1)(c), to subsequently make such an application in respect of those shares. (8) Where an order has been made under subsection (5) the Court of First Instance may, on the application of the Insurance Authority, make such further order relating to the sale or transfer of the shares as it thinks fit. (Amended 25 of 1998 s. 2) (9) Where shares are sold in pursuance of an order under this section the proceeds of the sale, less the costs of the sale, shall be paid into court for the benefit of the persons beneficially interested in them, and any such person may apply to the Court of First Instance for an order that the whole or part of the proceeds to be paid to him. (Amended 25 of 1998 s. 2) (10) This section applies to all the shares by virtue of which a person who has become a controller of an insurer in contravention of section 13B(2) is, whether alone or with any associate within the meaning of section 9(4) or through a nominee, entitled to exercise, or control the exercise of, the voting power at any general meeting of the insurer, but does not include any such shares held by that person, or any such associate or nominee, before that person became such a controller. (11) A copy of a notice in writing served under subsection (2) or (6) on the person concerned shall be served on the insurer to whose shares it relates and, if it relates to shares held by an associate within the meaning of section 9(4), or a nominee, of that person, on that associate or nominee, as the case may be. (Added 44 of 1990 s. 3) Cap 41 s 13D Punishment for attempted evasion of restrictions (1) A person commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months if he- (a) exercises or purports to exercise any right to dispose of any shares which, to his knowledge, are for the time being subject to any restrictions under section 13C(2) or of any right to be issued with any such shares; (b) votes in respect of any such shares (whether as holder or proxy), or appoints a proxy to vote in respect of them; (c) being the holder of any such shares, fails to notify of their being subject to those restrictions any person whom he does not know to be aware of that fact but does know to be entitled (apart from the restrictions) to vote in respect of those shares whether as holder or as proxy; or (d) being the holder of any such shares, or being entitled to any right to be issued with other shares in right of them, or to receive any payment on them (otherwise than in a liquidation), enters into any agreement which is void under section 13C(3) or (4).(2) Where shares in an insurer are issued in contravention of restrictions under section 13C(2), or payments are made by an insurer in contravention of such restrictions, the insurer commits an offence and is liable to a fine at level 4 and, in the case of an individual who commits the like offence by virtue of section 57, to imprisonment for 6 months. (Added 44 of 1990 s. 3. Amended 35 of 1996 s. 9) Cap 41 s 14 Notification of change in particulars, and objection to appointment of new director or controller (1) Without prejudice to subsection (2), but subject to sections 38A(2) and 38B(5), where any change takes place in the particulars specified in respect of an authorized insurer in the application made by that insurer under section 7 or any information furnished under that section, the insurer shall, within 1 month from the date on which the change takes place, notify the Insurance Authority thereof in writing and shall furnish the Insurance Authority with such information in respect thereof as the Insurance Authority may require. (Amended 51 of 1992 s. 5) |
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