Hong Kong Ordinances

OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE - SECT 15

Application for registration

PART IV

REGISTRATION OF OCCUPATIONAL RETIREMENT SCHEMES

An application for registration of an occupational retirement scheme under
this Ordinance shall-

   (a)  be made by the relevant employer of the scheme, or for a group  scheme
        under section 67 by the representative employer of the scheme, to the
        Registrar; (Amended 53 of 1995 s. 11)

   (b)  be made in a form specified by the Registrar;

   (c)  be made in accordance with the registration rules made under
        section 73(1)(d);

   (d)  be accompanied by the prescribed fee and a copy of a power of attorney
        (if any) executed under section 67; (Amended 53 of 1995 s. 11)

   (e)  be accompanied-

        (i)    in case the scheme to which the application relates is a
               participating scheme of a pooling agreement, by the documents
               set out in Part 2 of Schedule 1; or

        (ii)   in case the scheme is not such a participating scheme of a
               pooling agreement, by the documents set out in Part 1 of
               Schedule 1, and such documents set out in Part 3 of Schedule 1
               as may be applicable in the case of the application;

   (f)  be accompanied by an undertaking given-

        (i)    where the scheme- (A) is or proposes to become a
               participating scheme of a pooling  agreement, by the
               administrator of the pooling agreement; (B) is not a
               participating scheme of a pooling agreement and is, or is
               proposed to be, governed by a trust, by each of the trustees or
               proposed trustees concerned; (C) is not a participating scheme
               of a pooling agreement and is, or is proposed to be, the
               subject of or regulated by an insurance  arrangement, by the
               relevant insurer or proposed insurer, who is (in the case of an
               individual) ordinarily resident in Hong Kong and is the holder
               of an identity card within the meaning of the Registration 
               of Persons Ordinance ( Cap 177) or which has (in the case of a
               body corporate) a place of business in Hong Kong; or

        (ii)   in any other case or where none of the administrator, trustees
               or insurer referred to in subparagraph (i)(A), (B) or (C) is a
               person who is ordinarily resident in Hong Kong and is the
               holder of an identity card within the meaning of the
               Registration of Persons Ordinance ( Cap 177) or body corporate
               having a place of business in Hong Kong, by such suitable
               person as the Registrar may direct, stating that he undertakes
               to perform in relation to the scheme the functions imposed or
               conferred on a designated person by this Ordinance. (Enacted
               1992)