【法规名称】
【法规编号】 82483 什么是编号？
【正 文】
第5页 CAP 41 INSURANCE COMPANIES ORDINANCE
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[接上页] (i) except if subparagraph (ii), (iii) or (iv) applies to the company, $10000000 or its equivalent; (Amended 29 of 1997 s. 3) (ii) if the company intends to carry on both general business and long term business, or carries on both general business and long term business outside Hong Kong, $20000000 or its equivalent; (iii) if the company intends to carry on any class of insurance business (not being reinsurance business) relating to liabilities or risks in respect of which persons are required by any Ordinance to be insured, $20000000 or its equivalent; (Amended 35 of 1996 s. 4; 29 of 1997 s. 3) (iv) if the company intends to carry on business as a captive insurer, $2000000 or its equivalent; and (Added 29 of 1997 s. 3) (c) that as regards each class of risks against which, in the course of carrying on business, the company proposes to insure persons- (i) adequate arrangements are in force, or will be made, for the reinsurance of risks of that class against which persons are, or are to be, insured by the company in the course of carrying on business; or (ii) it is justifiable not to make arrangements for that purpose; and(d) that the company is, and will continue to be, able to meet its obligations including obligations in respect of business other than the class of insurance business in respect of which the application is made; and (e) in the case of a company to which Part XI of the Companies Ordinance (Cap 32) applies, that it has complied with the provisions of that Part; and (f) that the company will be able to comply with such of the provisions of this Ordinance as would be applicable to it; and (g) that in the case of a company which carries on, or proposes to carry on, some other form of business in addition to insurance business, the carrying on of that other form of business in addition to insurance business is not contrary to the interest of existing and potential policy holders; and (h) that the name of the company is not likely to deceive.(4) For the purposes of this Ordinance- (a) in computing the amount of the liabilities of a company or an insurer, as the case may be, all contingent and prospective liabilities shall be taken into account but not liabilities in respect of the company's or insurer's share capital; (b) subject to subsection (5), the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable regulations made under section 59(1)(a), and paragraph (a) shall have effect subject to any such regulations; (Amended 29 of 1997 s. 3) (c) if no such regulations are applicable in the case of a company or an insurer, as the case may be, regard shall be had- (i) in determining the value of its assets, to their market value and the cost of realizing such assets; and (ii) in determining the amount of its liabilities, to the cost of the settlement of such liabilities and, where the amount of any such abilities is assessed or estimated, to the experience of the company or insurer in carrying on any relevant insurance business or of other persons carrying on the same or similar insurance business. (Replaced 25 of 1994 s. 4)(5) Subsection (4)(b) shall not apply in the case of a company carrying on or intending to carry on business as a captive insurer. (Added 29 of 1997 s. 3) ___________________________________________________________________ Note: * For transitional provisions affecting this section and any subsidiary legislation made thereunder, see 35 of 1996 s. 34. Cap 41 s 9 Meaning of "controller" (北舦) in section 8(2) (1) In section 8(2) "controller" (控权人), in relation to a company ("the applicant" (申请人)), means- (a) a managing director of the applicant or of a body corporate of which it is a subsidiary; (b) a chief executive of the applicant or of a body corporate, being an insurer, of which it is a subsidiary; (c) a person- (i) in accordance with whose directions or instructions the directors of the applicant or of a body corporate of which it is a subsidiary (or any of them) are accustomed to act; or (ii) who, alone or with any associate or through a nominee, is entitled to exercise, or control the exercise of, 15% or more of the voting power at any general meeting of the applicant or of a body corporate of which it is a subsidiary. (Amended 8 of 1989 s. 2)(2) Subject to subsection (3), in this section "chief executive" (行政总裁), in relation to the applicant or a body corporate of which it is a subsidiary, means an employee of the applicant or that body corporate, who, alone or jointly with others, is responsible under the immediate authority of the directors for the conduct of the whole of the insurance business of the applicant or that body corporate. (3) In relation to an applicant incorporated outside Hong Kong- (a) the reference in subsection (1)(a) to a managing director of the applicant includes a reference to a person who is a managing director of the applicant in respect of so much of its insurance business as is carried on within Hong Kong; and |
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