Hong Kong Regulations

OCCUPATIONAL RETIREMENT SCHEMES (NOTICES OF CHANGES) RULES - SECT 6

Notice of change of administrator of a registered scheme

(1) Any notice of change required under section 22(1)(b) of the Ordinance
(including, in the case of a registered scheme that is a group scheme, that
section as applied by section 67(2)(ge) of the Ordinance) 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 following particulars of the scheme after the change-

        (i)    a statement as to whether the scheme is a participating scheme
               of a pooling agreement;

        (ii)   for a scheme that is a participating scheme of a pooling
               agreement- (A) a statement as to whether the scheme is governed
               by a trust or is the subject of or regulated by an insurance
               arrangement; (B) the name of the pooling agreement; and (C) in
               the case of a scheme governed by a trust, the name of the
               registered trust company managing the pooling agreement;

        (iii)  for a scheme that is not a participating scheme of a pooling
               agreement, a statement as to whether the scheme- (A) is
               governed by a trust; (B) is the subject of or regulated by an
               insurance arrangement; or (C) is neither governed by a trust
               nor the subject of or regulated by an insurance arrangement;

        (iv)   a statement as to whether there is a change of the domicile of
               the scheme; and

        (v)    in the case of a scheme governed by a trust, the total number
               of trustees and the number of non-employer trustees;

   (e)  contain particulars of the incoming or outgoing administrator and the
        date on which he becomes or ceases to be an administrator, as the case
        may be;

   (f)  in the case of a registered scheme that is an offshore scheme, state
        whether a submission described in paragraph 3 of Part 3 of Schedule 1
        to the Ordinance has been made by or on behalf of the incoming
        administrator;

   (g)  in the case of a registered scheme that is a defined benefit scheme,
        state whether the relevant employer has given a written undertaking to
        the incoming 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
        whether the terms of the relevant trust instrument require appointment
        of a trustee to replace the outgoing administrator as trustee.