Hong Kong Regulations

SECURITIES AND FUTURES (LICENSING AND REGISTRATION) (INFORMATION) RULES - SECT 3

Information to be provided with applications to Commission

(1) For the purposes of section 128(1) of the Ordinance, an application to the
Commission under the provisions referred to in this subsection shall be made
in the applicable form (if any) specified by the Commission in accordance with
section 402(1) of the Ordinance, and shall-

   (a)  in the case of an application-

        (i)    under section 116 or 117 of the Ordinance by a corporation for
               a licence;

        (ii)   under section 119 of the Ordinance by an authorized financial
               institution for registration as a registered institution;

        (iii)  under section 127 of the Ordinance by an intermediary for
               variation of the regulated activity specified in its licence or
               certificate of registration; or

        (iv)   under section 134 of the Ordinance by an intermediary for the
               grant of a modification or waiver, in relation to the
               intermediary, in respect of any condition specified in or
               imposed under, or any of the requirements of the provisions
               referred to in, subsection (1) of that section, contain, in so
               far as applicable, such information, statements, details or
               matters in respect of the applicant or other person in each
               item in Part 1 of Schedule 2 as are required to be specified by
               the form;

   (b)  in the case of an application-

        (i)    under section 120(1) or (2) or 121(1) of the Ordinance by an
               individual for a licence;

        (ii)   under section 122(1) of the Ordinance by a licensed
               representative for approval of his accreditation, or under
               section 122(2) of the Ordinance for approval of the transfer of
               his accreditation to another corporation licensed under section
               116 or 117 (as the case may be) of the Ordinance;

        (iii)  under section 126 of the Ordinance by a licensed representative
               for approval as a responsible officer of a licensed corporation
               to which he is accredited;

        (iv)   under section 127 of the Ordinance by a licensed representative
               for variation of the regulated activity specified in his
               licence by adding to or reducing the regulated activity so
               specified; or

        (v)    under section 134 of the Ordinance by a licensed representative
               for the grant of a modification or waiver, in relation to the
               licensed representative, in respect of any condition specified
               in or imposed under, or any of the requirements of the
               provisions referred to in, subsection

(1) of that section, contain, in so far as applicable, such information,
statement, details or matters in respect of the applicant or other person in
each item in Part 2 of Schedule 2 as are required to be specified by the form;
or

   (c)  in the case of an application-

        (i)    under section 130(1) of the Ordinance by a person for approval
               of premises to be used by a licensed corporation for keeping
               records or documents required under the Ordinance;

        (ii)   under section 132 of the Ordinance by a person for approval to
               become or continue to be (as the case may be) a substantial
               shareholder of a corporation licensed under section 116 of the
               Ordinance;

        (iii)  under section 134 of the Ordinance by a person (other than an
               intermediary or a licensed representative) for the grant of a
               modification or waiver, in relation to him, in respect of any
               condition specified in or imposed under, or any of the
               requirements of the provisions referred to in, subsection (1)
               of that section; or

        (iv)   by a person for any other matter requiring the approval of the
               Commission under Part V of the Ordinance, contain, in so far as
               applicable, such information, statements, details or matters in
               respect of the applicant or other person in each item in Part 3
               of Schedule 2 as are required to be specified by the form.

(2) Nothing in item 8 of Part 1 of Schedule 2, item 8 of Part 2 of Schedule 2,
or item 5 of Part 3 of Schedule 2 shall require disclosure of information
concerning an ongoing criminal investigation by a regulatory  body or
criminal investigatory body if such disclosure is prohibited by any statutory
provision in Hong Kong or elsewhere, but the applicant shall notify the
Commission of the results of the investigation within 7 business days after he
becomes aware of the completion of the investigation.