HKLII Hong Kong Regulations

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OCCUPATIONAL RETIREMENT SCHEMES (NOTICES OF CHANGES) RULES - SECT 4

Notice of change of relevant employer of a scheme not involving replacement

(1) Any notice of the 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, except where section 3 applies, 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)  in the case of a relevant employer joining a scheme, be accompanied by
        a copy of a power of attorney executed under section 67 of the
        Ordinance;

   (f)  in the case of a relevant employer withdrawing from a group scheme,
        contain details of the arrangements for-

        (i)    the transfer of the rights of members under his employ and
               corresponding assets of the scheme to another registered or
               exempted scheme or, where the affected members are employed
               outside Hong Kong, to a scheme outside Hong Kong; or

        (ii)   the orderly winding up of that part of the scheme that applies
               to the withdrawing relevant employer; and

   (g)  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.



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