Hong Kong Regulations

OCCUPATIONAL RETIREMENT SCHEMES (NOTICES OF CHANGES) RULES - SECT 3

Notice of change of relevant employer of a registered or exempted scheme by way of replacement

(1) Where in a change of the relevant employer of a scheme the
previous relevant employer ("the original relevant employer") is replaced by
another relevant employer, including, in the case of a group scheme,
another existing relevant employer of the scheme, ("the succeeding relevant
employer") who undertakes, with effect from the date of the change, the
obligations of the original relevant employer in relation to the scheme,
notice of change required under section 10(1)(e) of the Ordinance in the case
of an exempted scheme or under section 21A(1) of the Ordinance in the case of
a registered scheme shall be given in accordance with this section.

(2) A notice referred to in subsection (1) shall-

   (a)  be in writing and in such form as may be specified by the Registrar;

   (b)  be accompanied by the prescribed fee;

   (c)  be signed by the person giving the notice;

   (d)  contain the full particulars of the change, and the circumstances of
        and reasons for the change;

   (e)  be accompanied by a copy of any document evidencing the change;

   (f)  in the case of any new relevant employer joining a group scheme, be
        accompanied by a copy of a power of attorney executed under section 67
        of the Ordinance;

   (g)  in the case of a registered scheme that is a defined benefit scheme,
        state whether the succeeding relevant employer has given a written
        undertaking to the administrator to contribute to the scheme's funds
        in accordance with recommendations contained in the most recent
        actuarial certificate supplied as regards the scheme to the Registrar
        in accordance with the Ordinance; and

   (h)  in the case of a registered scheme that is governed by a trust, state
        the total number of trustees and the number of non-employer trustees.