| (Cap 426, section 73(1)(da)) [30 April 1999] L.N. 72 of 1999 (L.N. 360 of 1998) Cap 426J s 1 (Omitted as spent) (Omitted as spent) Cap 426J s 2 Notice of change to name of a registered or exempted scheme (1) Any notice of change required under- (a) section 10(1)(d) of the Ordinance in the case of an exempted scheme (including, in the case of an exempted scheme that is a group scheme, that section as applied by section 67(2)(g) of the Ordinance); or (b) section 21A(2) of the Ordinance in the case of a registered scheme (including, in the case of a registered scheme that is a group scheme, that section as applied by section 67(2)(gd) 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 full particulars of and reasons (if any) for the change; and (e) be accompanied by a copy of the resolution (if any) approving the change to the name of the scheme. Cap 426J s 3 Notice of change of relevant employer of a registered or exempted scheme by way of replacement (1) Where in a change of the relevant employer of a scheme the previous relevant employer ("the original relevant employer") is replaced by another relevant employer, including, in the case of a group scheme, another existing relevant employer of the scheme, ("the succeeding relevant employer") who undertakes, with effect from the date of the change, the obligations of the original relevant employer in relation to the scheme, notice of change required under section 10(1)(e) of the Ordinance in the case of an exempted scheme or under section 21A(1) of the Ordinance in the case of a registered scheme 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 full particulars of the change, and the circumstances of and reasons for the change; (e) be accompanied by a copy of any document evidencing the change; (f) in the case of any new relevant employer joining a group scheme, be accompanied by a copy of a power of attorney executed under section 67 of the Ordinance; (g) in the case of a registered scheme that is a defined benefit scheme, state whether the succeeding relevant employer has given a written undertaking to the 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 the total number of trustees and the number of non-employer trustees. Cap 426J s 4 Notice of change of relevant employer of a scheme not involving replacement (1) Any notice of the change required under section 10(1)(e) of the Ordinance in the case of an exempted scheme or under section 21A(1) of the Ordinance in the case of a registered scheme shall, except where section 3 applies, 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 full particulars of the change, and the circumstances of and reasons for the change; (e) in the case of a relevant employer joining a scheme, be accompanied by a copy of a power of attorney executed under section 67 of the Ordinance; (f) in the case of a relevant employer withdrawing from a group scheme, contain details of the arrangements for- (i) the transfer of the rights of members under his employ and corresponding assets of the scheme to another registered or exempted scheme or, where the affected members are employed outside Hong Kong, to a scheme outside Hong Kong; or (ii) the orderly winding up of that part of the scheme that applies to the withdrawing relevant employer; and(g) in the case of a registered scheme that is governed by a trust, state the total number of trustees and the number of non-employer trustees. Cap 426J s 5 Notice of change of name or address of the relevant employer of a registered or exempted scheme (1) Any notice of change required under- (a) section 10(1)(f) of the Ordinance in the case of an exempted scheme (including, in the case of an exempted scheme that is a group scheme, that section as applied by section 67(2)(g) of the Ordinance); or (b) section 22(1)(a) of the Ordinance in the case of a registered scheme,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; |
