【法规名称】
【法规编号】 82483 什么是编号？
【正 文】
第12页 CAP 41 INSURANCE COMPANIES ORDINANCE
|
[接上页] (2) Subject to subsection (2A) and sections 38A(2) and 38B(5), where any change takes place in the directors or controllers of an authorized insurer, the insurer shall forthwith deliver written notice of that fact to the Insurance Authority containing the information specified in the Second Schedule. (Amended 44 of 1990 s. 4; 51 of 1992 s. 5) (2A) Without limiting the generality of subsection (3), an authorized insurer is not required to furnish to the Insurance Authority information referred to in Form A or B of the Second Schedule in respect of any change in the controllers of the insurer which is the result of a person becoming, or being, such a controller where- (a) section 13A or 13B applied in relation to that person becoming, or being, such a controller; (b) that person has become, or is, such a controller in accordance with section 13A or 13B; and (c) there has been no change in any information furnished to the Insurance Authority under section 13A or 13B in relation to that person becoming, or being, such a controller. (Added 44 of 1990 s. 4)(3) Subject to sections 38A(2) and 38B(5), where any person becomes or ceases to be a director or controller of any authorized insurer, he shall forthwith deliver written notice of that fact to the insurer together with such information relating to himself as may be necessary to enable the insurer to comply with subsection (2) as respects that fact. (Amended 51 of 1992 s. 5) (4) Subject to subsection (5) and section 38B(4), the Insurance Authority may, if it appears to him that any person appointed as director or controller (other than a controller to whom section 13A or 13B applies) of an authorized insurer is not a fit and proper person to be appointed to that position, serve a notice in writing on the insurer stating- (Amended 44 of 1990 s. 4; 51 of 1992 s. 5) (a) that he objects to the appointment; and (b) that he objects thereto on the ground that it appears to him that the person so appointed is not a fit and proper person to be appointed to the position in question.(5) The following provisions shall apply in relation to a notice of objection referred to in subsection (4)- (a) the Insurance Authority shall serve on the insurer and the person concerned a preliminary written notice stating- (i) that the Insurance Authority is considering the service on the insurer of a notice of objection under that subsection on the ground referred to in paragraph (b) thereof; (ii) that the insurer and that person may, within 1 month from the date of service of the preliminary notice, make written representations to the Insurance Authority and, if the insurer or that person so requests, oral representations to a public officer appointed for the purpose by the Insurance Authority; (Amended 44 of 1990 s. 4)(b) the Insurance Authority shall not be obliged to disclose to the insurer or to that person any particulars of the ground on which he is considering the service on the insurer of the notice of objection; (c) where representations are made under paragraph (a)(ii), the Insurance Authority shall take them into consideration before serving the notice of objection.(6) If the insurer or the person concerned is aggrieved by the decision of the Insurance Authority to serve a notice of objection under this section, the insurer or person concerned may, within 1 month from the date on which the notice is served on the insurer or person concerned as the case may be, appeal against the decision to the Financial Secretary whose decision shall be final. (7) (Repealed 50 of 1992 s. 3) (8) Any person who fails to comply with subsection (1), (2) or (3) commits an offence and is liable to a fine of $200000 and, in the case of an individual, to imprisonment for 2 years, together with a fine of $2000 for each day on which the offence continues. (Amended 35 of 1996 s. 10) Cap 41 s 15 Appointment of auditor and actuary PART III ACCOUNTS AND STATEMENTS (1) Every insurer shall appoint- (a) as auditor of the insurer- (i) a person who is qualified for appointment as auditor of a company under the Professional Accountants Ordinance (Cap 50) and is not disqualified under section 140 of the Companies Ordinance (Cap 32); or (ii) in the case of an insurer incorporated outside Hong Kong, a person- (A) who may lawfully practise as an auditor in the place of its incorporation; and (B) without prejudice to sub-subparagraph (A), who holds such qualification as the Insurance Authority accepts as being of a standard comparable to that of a person referred to in subparagraph (i); and (Replaced 59 of 1993 s. 6)(iii) (Repealed 59 of 1993 s. 6)(b) if the insurer carries on long term business, an actuary possessing the prescribed qualifications or who is acceptable to the Insurance Authority, as actuary to the insurer,and whenever any such appointment comes to an end the insurer shall as soon as practicable make a fresh appointment. (2) A first appointment made- (a) under subsection (1)(a) shall be made- |
- 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！