Hong Kong Regulations

SECURITIES AND FUTURES (LICENSING AND REGISTRATION) (INFORMATION) RULES - SCHEDULE 2

INFORMATION TO BE PROVIDED WITH APPLICATIONS TO COMMISSION

[section 3]

PART 1

APPLICATIONS BY LICENSED CORPORATIONS AND REGISTERED INSTITUTIONS UNDER
PROVISIONS REFERRED TO IN SECTION 3(1)(a)

Item Description of information

1. Basic information in respect of-

   (a)  the applicant;

   (b)  each controlling person of the applicant;

   (c)  each person who is, or is proposed to be, a responsible officer or
        executive officer of the applicant;

   (d)  each subsidiary of the applicant that carries on a business in any
        regulated activity; and

   (e)  each related corporation of the applicant that carries on a business
        in any regulated activity.

2. Basic information in respect of-

   (a)  any corporation that is, or is proposed to be, an associated entity of
        the applicant; and

   (b)  any person who is, or is proposed to be, an executive officer of an
        associated entity referred to in paragraph (a).

3. The name, correspondence address, contact telephone and facsimile numbers
and electronic mail address of-

   (a)  each contact person appointed by the applicant as the person whom the
        Commission may contact in the event of market emergency or other
        urgent need; and

   (b)  each person who is, or is proposed to be, a complaints officer of the
        applicant.

4. In the case of an application for-

   (a)  variation, under section 127 of the Ordinance, of the regulated
        activity for which the person is licensed or registered; and

   (b)  the grant of a modification or waiver under section 134 of the
        Ordinance, a statement setting out the nature of the application and
        the reasons for the application.

5. In the case of an application for a temporary licence, the period for which
the licence is required.

6. The details of any authorization (however described) to carry on a
regulated activity by an authority or regulatory organization in Hong Kong or
elsewhere in respect of each of the persons referred to in item 1.

7. In so far as applicable, the membership (however described) of a stock
exchange or futures exchange in Hong Kong or elsewhere in respect of each of
the persons referred to in item 1.

8. The relevant information in respect of each of the persons referred to in
item 1.

9. In so far as applicable, the employment record in respect of each of the
persons referred to in item 1 stating, in relation to each employer-

   (a)  the name of his employer;

   (b)  the position in which he is, or was, employed; and

   (c)  the dates of such employment.

10. The nature of the business carried on or to be carried on and types of
services provided or to be provided by the applicant.

11. Information relating to the human and technical resources, operational
procedures and organizational structures of the applicant showing that it is
capable of carrying on its regulated activities, and its proposed regulated
activities, competently.

12. The business history (if any) of the applicant and a business plan of the
applicant covering internal controls, organizational structure, contingency
plans and related matters.

13. The capital and shareholding structure of the applicant and the
basic information in respect of any person in accordance with whose directions
or instructions it is, or its directors are, accustomed or obliged to act.

14. Whether any assets of the applicant are subject to any charge

(including pledge, lien or encumbrance), and if so, the following particulars-

   (a)  the date on which the assets are subject to the charge;

   (b)  a description of the assets; and

   (c)  the amount secured under the charge.

15. In the case of a person applying to be licensed as a licensed corporation,
the following particulars in respect of any bank account that he has opened
for the purpose of carrying on regulated activities-

   (a)  the name of the bank with which the account is opened;

   (b)  the number of the account; and

   (c)  whether the account is or was a trust account.

16. The name of the auditor of the applicant and the date of his appointment.

17. The address of each of the premises where-

   (a)  the business of the applicant is, or is to be, conducted; and

   (b)  records or documents of the applicant (in the case of a corporation
        other than a registered institution) are, or are to be, kept.

18. In the case of a licensed corporation, or a person applying to be licensed
as a licensed corporation, details of any insurance maintained or to be
maintained by the applicant in accordance with rules made under section 116(5)
of the Ordinance.

19. In the case of a person applying to be licensed as a licensed corporation,
whether any substantial shareholder of the licensed corporation that is an
individual has ever been a patient as defined in section 2 of the
Mental Health Ordinance ( Cap 136).

20. In the case of a person applying to be licensed as a licensed corporation,
the financial information in respect of him showing that it is capable of
meeting its obligations under the Securities and Futures 
(Financial Resources) Rules ( Cap 571 sub. leg. N).

PART 2

APPLICATIONS BY LICENSED REPRESENTATIVES UNDER PROVISIONS REFERRED TO IN
SECTION 3(1)(b)

Item Description of information

1. Basic information and CE number (if any) in respect of-

   (a)  the applicant; and

   (b)  the licensed corporation to which the applicant is accredited or seeks
        to be accredited.

2. In the case of an application for-

   (a)  variation, under section 127 of the Ordinance, of the regulated
        activity for which the person is licensed; and

   (b)  the grant of a modification or waiver under section 134 of the
        Ordinance, a statement setting out the nature of the application and
        the reasons for the application.

3. In the case of an application for a temporary licence, the period for which
the licence is required.

4. The details of any authorization (however described) to carry on a
regulated activity of the applicant by an authority or regulatory organization
in Hong Kong or elsewhere, and whether the applicant's travel document is
endorsed with a condition of stay prohibiting him from taking employment in
Hong Kong.

5. In so far as applicable, the membership (however described) of a stock
exchange or futures exchange in Hong Kong or elsewhere in respect of each of
the persons referred to in item 1.

6. The types of services provided or to be provided by the applicant on behalf
of the licensed corporation to which the applicant is accredited or seeks to
be accredited.

7. A description of any current directorship, partnership or proprietorship of
the applicant and the dates of appointment, or commencement, of any such
directorship, partnership or proprietorship (as the case may be).

8. The relevant information in respect of the applicant.

9. In so far as applicable, the following details in respect of each of the
persons referred to in item 1-

   (a)  his academic record stating-

        (i)    the names of post secondary educational or vocational
               establishments that he has attended;

        (ii)   the courses completed at such establishments and the dates when
               those courses were attended;

        (iii)  the examinations passed to obtain any post secondary
               educational or vocational qualification; and

        (iv)   in the case of a person who has not obtained a post secondary
               educational or vocational qualification, whether or not he has
               obtained passes in the Hong Kong Certificate of Education
               Examination, or equivalent examinations, in the following
               subjects- (A) Chinese or English language; and (B) Mathematics;

   (b)  his professional record stating-

        (i)    the names of educational or vocational establishments that he
               has attended;

        (ii)   the courses completed at such establishments and the dates when
               those courses were attended; and

        (iii)  the details of any professional qualifications obtained; and

   (c)  his employment record stating, in relation to each employer-

        (i)    the name of his employer;

        (ii)   the position in which he is, or was, employed; and

        (iii)  the dates of such employment.

10. Whether the applicant has ever been a patient as defined in section 2 of
the Mental Health Ordinance ( Cap 136).

PART 3

OTHER APPLICATIONS UNDER PROVISIONS REFERRED TO IN SECTION 3(1)(c)

Item Description of information

1. Basic information in respect of-

   (a)  the applicant;

   (b)  each controlling person of the applicant;

   (c)  each person who is, or is proposed to be, a responsible officer or
        executive officer of the applicant;

   (d)  each subsidiary of the applicant that carries on a business in any
        regulated activity; and

   (e)  each related corporation of the applicant that carries on a business
        in any regulated activity.

2. Basic information in respect of-

   (a)  any corporation that is, or is proposed to be, an associated entity of
        the applicant; and

   (b)  any person who is, or is proposed to be, an executive officer of an
        associated entity referred to in paragraph (a).

3. In the case of an application for-

   (a)  any matter requiring the approval of the Commission under Part V of
        the Ordinance other than those matters referred to in section
        128(1)(a), (b), (c), (d), (e), (f), (g) and (h) of the Ordinance; and

   (b)  the grant of a modification or waiver under section 134 of the
        Ordinance, a statement setting out the nature of the application and
        the reasons for the application.

4. In the case of a person applying for approval of premises under section
130(1) of the Ordinance-

   (a)  the address of each of the premises where records or documents
        required under the Ordinance are to be kept by the applicant; and

   (b)  evidence that the premises are suitable for being used for the purpose
        of keeping records or documents required under the Ordinance.

5. The relevant information in respect of each of the persons referred to in
item 1.

6. In the case of a person applying for approval to become or continue to be
(as the case may be) a substantial shareholder of a licensed corporation under
section 132 of the Ordinance-

   (a)  the financial information in respect of the applicant showing that it
        is a fit and proper person to be a substantial shareholder of the
        licensed corporation;

   (b)  the details of any authorization (however described) to carry on a
        regulated activity by an authority or regulatory organization in Hong
        Kong or elsewhere in respect of each of the persons referred to in
        item 1;

   (c)  in so far as applicable, the membership (however described) of a stock
        exchange or futures exchange in Hong Kong or elsewhere in respect of
        each of the persons referred to in item 1; and

   (d)  in so far as applicable, the employment record in respect of each of
        the persons referred to in item 1 stating, in relation to each
        employer-

        (i)    the name of his employer;

        (ii)   the position in which he is, or was, employed; and

        (iii)  the dates of such employment.

7. In the case of an individual applying to be approved as a substantial
shareholder of a licensed corporation, whether he has ever been a patient as
defined in section 2 of the Mental Health Ordinance ( Cap  136).