| (Cap 571, section 149) [1 April 2003] L.N. 12 of 2003 (L.N. 202 of 2002) Cap 571I s 1 (Omitted as spent) (Omitted as spent) Cap 571I s 2 Interpretation In these Rules, unless the context otherwise requires- "linked corporation" (相连法团), in relation to an associated entity of a licensed corporation, means a corporation- (a) of which the associated entity is a controlling entity; (b) which is a controlling entity of the associated entity; or (c) which has as its controlling entity a person which is also a controlling entity of the associated entity;"segregated account" (独立帐户) means a segregated account established and maintained under section 4(1) and (2); "standing authority" (常设授权) has the meaning assigned to it by section 8(1); "unconscionable" (不合情理), in relation to a standing authority, means unconscionable having regard to the factors specified in section 6 of the Unconscionable Contracts Ordinance (Cap 458), as if the standing authority in question were a contract under that Ordinance; "written direction" (书面指示) has the meaning assigned to it by section 7. Cap 571I s 3 Application (1) Subject to subsections (2) and (3), these Rules apply to client money of a licensed corporation that is received or held by or on behalf of- (a) the licensed corporation, in the course of the conduct of any regulated activity for which the licensed corporation is licensed; or (b) an associated entity of the licensed corporation, in relation to such conduct of the regulated activity.(2) These Rules do not apply to client money of a licensed corporation that- (a) is received or held outside Hong Kong by the licensed corporation or an associated entity of the licensed corporation, while that client money remains outside Hong Kong; or (b) has at any time been received or held in Hong Kong by the licensed corporation or an associated entity of the licensed corporation, once that client money is transferred outside Hong Kong in accordance with these Rules.(3) These Rules do not apply to client money of a licensed corporation that is in a bank account established and maintained by a client of the licensed corporation in that client's name. Cap 571I s 4 Payment of client money into segregated accounts (1) A licensed corporation or an associated entity of a licensed corporation that receives or holds client money of the licensed corporation as referred to in subsection (3) shall establish and maintain in Hong Kong one or more segregated accounts for client money in accordance with subsection (2), each of which shall be designated as a trust account or client account. (2) A segregated account referred to in subsection (1) shall be established and maintained with- (a) an authorized financial institution; or (b) any other person approved by the Commission for the purposes of this section, either generally or in a particular case.(3) The following amounts of client money of a licensed corporation that are received or held by the licensed corporation or an associated entity of a licensed corporation shall be dealt with in accordance with subsection (4)- (a) all amounts that are received from or on behalf of a client of the licensed corporation in respect of dealing in securities or future contracts- (i) less brokerage and other proper charges in connection with such dealing; (ii) except those amounts that the licensed corporation is required to pay on the day of receipt or within the following 2 business days in order to meet the client's obligations to meet settlement or margin requirements in respect of such dealing; and (iii) except those amounts that are reimbursements to the licensed corporation of money which the licensed corporation has paid at any time before the day of receipt in order to meet the client's obligations to meet settlement or margin requirements in respect of such dealing;(b) all amounts that are received from or on behalf of a client of the licensed corporation to whom the licensed corporation provides financial accommodation to facilitate the acquisition and, where applicable, the continued holding of securities, except those amounts that are used to reduce the amount owed by the client to the licensed corporation; (c) all amounts that are received from or on behalf of a client of the licensed corporation in respect of leveraged foreign exchange trading, less brokerage and other proper charges in connection with such trading; (d) all other amounts that are received from or on behalf of a client of the licensed corporation, except- (i) the amounts referred to in paragraph (a)(i), (ii) and (iii); (ii) the amounts that are used to reduce the amount of financial accommodation owed by a client of the licensed corporation to the licensed corporation, as referred to in paragraph (b); and (iii) the brokerage and other proper charges referred to in paragraph (c).(4) Within one business day after a licensed corporation or an associated entity of a licensed corporation receives any amount of client money of the licensed corporation as referred to in subsection (3), the licensed corporation or associated entity shall pay it- |
