| (Cap 571, section 395) [1 April 2003] L.N. 12 of 2003 (L.N. 228 of 2002) Cap 571AF s 1 (Omitted as spent) PART 1 PRELIMINARY (Omitted as spent) Cap 571AF s 2 Annual fees, application fees, etc. PART 2 FEES PRESCRIBED FOR PURPOSES OF SECTION 395(1)(a)(i), (iii) AND (iv) OF ORDINANCE A fee described in column 2 of Schedule 1, which is prescribed opposite the description in column 3 of that Schedule, shall be payable to the Commission. Cap 571AF s 3 Time for payment of fees (1) The annual fee prescribed in item 1 of Schedule 1 shall be payable on or before each anniversary of the date on which authorization of the provision of automated trading services concerned under section 95(2) of the Ordinance is granted. (2) The annual fee prescribed in item 4 of Schedule 1 shall be payable- (a) where it is first payable in respect of authorization of a collective investment scheme under section 104 of the Ordinance, on or before the date on which the authorization takes effect; and (b) where it is subsequently so payable, on or before each successive anniversary of the date on which the authorization takes effect.(3) Any fee, other than an annual fee referred to in subsection (1) or (2), prescribed in Schedule 1 shall be payable at the time when the application or request to which the fee relates is made. Cap 571AF s 4 Interpretation of Part 3 PART 3 FEES PRESCRIBED FOR PURPOSES OF SECTION 395(1)(a)(ii) OF ORDINANCE In this Part, unless the context otherwise requires- "Codes" (《守则》) means the codes entitled "The Codes on Takeovers and Mergers and Share Repurchases" and published by the Commission under section 399(2)(a) and (b) of the Ordinance; "Executive" (执行人员) means the Executive Director of the Corporate Finance Division of the Commission or any delegate of the Executive Director; "Introduction to the Codes" (《守则》引言) means the part of the Codes entitled "Introduction" ; "offer" (要约) has the meaning assigned to it by the Codes and, in any case where section 5(2)(a)(ii) is applicable, includes any of the alternative offers or offers of different values (as the case may be) referred to in that section; "offer document" (要约文件) means a document required to be submitted to the Executive under the Codes in connection with an offer; "offeree company" (要约标的公司) means a corporation for which an offer is made in accordance with the Codes; "off-market share repurchase" (场外股份购回) has the meaning assigned to it by the Codes; "off-market share repurchase circular" (场外股份购回通告) means a document required to be submitted to the Executive under the Share Repurchase Code in connection with an off-market share repurchase; "relevant shares" (有关股份)- (a) in relation to an offer contained in an offer document, means the securities which are the subject of the offer; (b) in relation to an off-market share repurchase contained in an off-market share repurchase circular, means the securities which are the subject of the off-market share repurchase; or (c) in relation to a whitewashed offer, means the securities which would be the subject of the offer;"ruling" (裁定) includes any ruling, waiver, consent, decision, confirmation or other determination in writing, made under the Codes by the Executive, the Takeovers Panel or the Takeovers Appeal Committee; "Share Repurchase Code" (《股份购回守则》) means the parts of the Codes respectively entitled "Introduction", "Definitions", "General Principles", "Code on Share Repurchases" and "Schedules"; "Takeovers Appeal Committee" (收购上诉委员会) means the committee established under section 8 of the Ordinance and known as the Takeovers Appeal Committee; "Takeovers Code" (《收购守则》) means the parts of the Codes respectively entitled "Introduction", "Definitions", "General Principles", "Code on Takeovers and Mergers" and "Schedules"; "Takeovers Panel" (收购委员会) means the committee established under section 8 of the Ordinance and known as the Takeovers and Mergers Panel; "whitewash document" (清洗交易文件) means a document required to be submitted to the Executive under the Whitewash Guidance Note in Schedule VI to the Codes; "whitewashed offer" (清洗交易要约), in relation to a whitewash document, means an offer which would be required to be made under Rule 26 of the Takeovers Code in the absence of a waiver under Note 1 on dispensations from Rule 26 of the Takeovers Code. Cap 571AF s 5 Fees relating to offer documents, off-market share repurchase circulars and whitewash documents (1) Where a first draft of an offer document, off-market share repurchase circular or whitewash document is submitted to the Executive for comment, a fee which is prescribed, opposite the applicable value set out in column 1 of Schedule 2, in column 2 of that Schedule shall be payable to the Commission. (2) For the purposes of subsection (1), the applicable value shall be equivalent- |
