Contents of Section
|
Chapter: | 41
 | Title: | INSURANCE COMPANIES ORDINANCE | Gazette Number: | |
| Schedule: | 2 | Heading: | DIRECTORS AND CONTROLLERS | Version Date: | 30/06/1997 |
[sections 7, 14 & 61]
This Schedule sets out the information to be furnished or delivered by an insurer to the Insurance Authority under this Ordinance in respect of every director and controller of the insurer in the following cases-
- (a) under section 7, in support of an application for authorization under this Ordinance;
(b) under section 14, forthwith upon any change in any such director or controller;
(c) (Repealed 35 of 1996 s. 32)
(d) under section 61(1), within 3 months of the commencement of this Ordinance (or such additional period as may be allowed thereunder) in the case of an insurer authorized to carry on insurance business under an Ordinance repealed or amended by this Ordinance.
Any particulars furnished or notice served by an insurer on the Insurance Authority pursuant to section 7, 14(2) or 61 of this Ordinance in respect of a director or controller (not being a director or controller to whom paragraph 3 of this Schedule applies) shall contain- (Amended 35 of 1996 s. 32)
- (a) in the case of an individual, the particulars in Form A in this Schedule;
(b) in the case of a body corporate, the particulars in Form B in this Schedule; and
(c) in the case of a partnership-
- (i) the particulars in Form A in this Schedule in respect of each partner who is an individual;
(ii) the particulars in Form B in this Schedule in respect of each partner which is a body corporate.
3. Particulars of person ceasing to be director or controller
A notice served by an insurer on the Insurance Authority pursuant to section 14(2) of this Ordinance in respect of a person who-
- (a) becomes a controller within the meaning of section 13A(1) or 13B(1) of this Ordinance of the insurer; or
(b) ceases to be a director or controller of the insurer,
FORM A | [paragraph 2, 2nd Schedule] |
PARTICULARS REQUIRED IN RESPECT OF INDIVIDUALS
WHO ARE DIRECTORS OR CONTROLLERS
WHO ARE DIRECTORS OR CONTROLLERS
Name of Insurer *....................................................................................................
The following are particulars of-
**(a)+.............................................................................................................................
**(b)++........................................................, of which +..................................................
............................................................................................... is a partner who became
** Director/Controller/Chief Executive/Managing Director on ....................................
.......................................................................................... (date).
| 1. Family name | Other names |
| ................................................. | ..................................................... |
..............................................................................................................................
2. Private address.
3. Date of birth.
Place of birth (including town or city).
4. Nationality, including a statement as to whether it was acquired by birth or naturalization.
5. Qualifications and experience, including those relating to insurance and allied matters.
6. Present occupation or employment and occupations and employment during the last 10 years, including the name of the employer, the nature of the business, the position held and relevant dates.
7. Has he at any time been convicted of any criminal offence (other than an offence committed when he was of or under the age of 16 years unless the same was committed within the last 10 years) by any court, including a military tribunal, in Hong Kong or elsewhere? If so, give full particulars of the court by which he was convicted, the offence and the penalty imposed and the date of the conviction.
8. Has he in the last 10 years, in Hong Kong or elsewhere, been censured, disciplined or publicly criticized by any professional body to which he belongs or belonged or been dismissed from any office or employment or refused entry to any profession or occupation? If so, give full particulars.
9. Has he at any time been adjudicated bankrupt by a court in Hong Kong or elsewhere? If so, give full particulars.
10. Has he at any time in the last 10 years failed to satisfy any debt adjudged due and payable by him as a judgment-debtor under an order of a court in Hong Kong or elsewhere? If so, give full particulars.
11. Has he, in connection with the formation or management of any body corporate or insurer, been adjudged by a court in Hong Kong or elsewhere civilly liable for any fraud, misfeasance or other misconduct by him towards such a body or insurer or towards any members thereof? If so, give full particulars.
12. Has any body corporate or insurer with which he was associated as director or controller in the last 10 years, in Hong Kong or elsewhere, been compulsorily wound up or made any compromise or arrangement with its creditors or ceased trading in circumstances where its creditors did not receive or have not yet received full settlement of their claims, either whilst he was associated with it or within one year after he ceased to be associated with it? If so, give full particulars.
- (Note: In relation to a body corporate which is not an insurer, "controller" (北舦) is to be construed as a reference to a person who would, if he were a company, be a holding company of that body in accordance with section 2(7) of the Companies Ordinance (Cap 32)).
13. Of what bodies corporate or insurers-
(a) is he now a director or controller?
(b) has he been a director or controller at any time during the last 10 years?
14. Has he any other occupation other than that disclosed at items 6 and 13 above. If so, give full details.
15. Give particulars of the circumstances (by reference to section 9(1) of the Insurance Companies Ordinance) by virtue of which he became controller.
16. In carrying out his duties will he be acting on the directions or instructions of any other person? If so, give full particulars.
I certify that the above information is complete and correct to the best of my knowledge and belief.
Date ................................................
Signed..............................................................
(Individual named in paragraph 1 above.)
(Individual named in paragraph 1 above.)
.................................................................................................................................... he is-
(a) ** Director/Controller/Chief Executive/Managing Director
(b) A partner in ++....................................................................................... which
is ** Director/Controller/Chief Executive/Managing Director
Date ....................................
Signed ...........................................................
(Director/Secretary ** of the Insurer.)
(Director/Secretary ** of the Insurer.)
* Insert name of Insurer.
+ Insert name of individual to whom particulars relate.
++ Insert name of partnership.
** Delete as necessary.
FORM B | [paragraph 2, 2nd Schedule] |
PARTICULARS REQUIRED IN RESPECT OF BODIES CORPORATE WHICH ARE
DIRECTORS OR CONTROLLERS
Name of Insurer *....................................................................................................
The following are particulars of a body corporate which became director, controller, chief executive or managing director, or which is a partner in a partnership which became director, controller, chief executive or managing director of the above-named Insurer on .........................(date).
1. Name and address of body corporate and address of registered office (where different).
2 Principal business activity.
3. Address of principal place of business established in Hong Kong.
4. Date and place of incorporation.
5. Registered number (if any).
6. Full name and residential address of every director and every controller.
- (Note: In relation to a body corporate which is not an insurer, "controller" (北舦) is to be construed as a reference to a person who would, if he were a company, be a holding company of that body in accordance with section 2(7) of the Companies Ordinance).
7. Name and address of main bank.
8. Accounts for the last 3 completed financial years and particulars of any reports, resolutions and other circulars issued to shareholders during the last 4 years.
9. Name, place of incorporation and principal business activities of all subsidiary companies and of any holding company or ultimate holding company.
- (Note: Shares held by a nominee are to be treated as shares held by his principal).
+10. In the case of a company to which Part XI of the Companies Ordinance applies-
- (a) name(s) and address(es) of person(s) residing in Hong Kong authorized to accept on behalf of the company service of process and any notices;
(b) date of registration under Part XI of the Companies Ordinance.
+11. Particulars of circumstances (by reference to section 9(1) of the Insurance Companies Ordinance) by virtue of which the above-named body corporate became a controller.
12. Has any body corporate or insurer with which the above-named body corporate was associated as director or controller in the last 10 years, in Hong Kong or elsewhere, been compulsorily wound up or made any compromise or arrangement with its creditors or ceased trading in circumstances where its creditors did not receive or have not yet received full settlement of their claims, either whilst the above-named body corporate was associated with it or within one year after the above-named body corporate ceased to be associated with it? If so, give full particulars.
- (Note: In relation to a body corporate which is not an insurer, "controller" (北舦) is to be construed as a reference to a person who would, if he were a company, be a holding company of that body in accordance with section 2(7) of the Companies Ordinance).
I certify that the above information is complete and correct to the best of my knowledge and belief and I certify that this notice is served with the knowledge and consent of the above-named body corporate.
Date .................................................
Signed ................................................................
(Director/Secretary + of body corporate.)
(Director/Secretary + of body corporate.)
+ I certify that the above particulars have been supplied by the above-named body corporate and that in respect of *......................................................................................
...................................-
- +(a) the above-named body corporate is Director/Controller/Chief Executive/Managing Director
+(b) ++ ........................................................................... of which the above-named body corporate is a partner is Controller
Signed .......................................................
(Director/Secretary + of the Insurer.)
* Insert name of Insurer.(Director/Secretary + of the Insurer.)
+ Delete as necessary.
++ Insert name of partnership.
FORM C | [paragraph 3, 2nd Schedule] |
PARTICULARS REQUIRED UNDER SECTION 14(2) IN
RESPECT OF PERSON BECOMING CONTROLLER WITHIN
THE MEANING OF SECTION 13A(1) OR 13B(1),
OR CEASING TO BE DIRECTOR
OR CONTROLLER
1. Name of insurer of which person has-
- +(a) become a controller within the meaning of section +13A(1)/13B(1) of this Ordinance;
+(b) ceased to be +director/controller.
2. Name of person.*
3. Date on which person-
- +(a) became a controller within the meaning of section +13A(1)/13B(1) of this Ordinance;
+(b) ceased to be +director/controller.
+4. Confirmation that person has become, or, after becoming, is, a controller within the meaning of section +13A(1)/13B(1) of this Ordinance in accordance with that section and that there has been no change in any information furnished under that section in respect of that person.
+5. Reason for ceasing to be +director/controller.
Date ..................................................
Signed ......................................................
(Director/Secretary+ of the Insurer)
+ Delete as necessary.(Director/Secretary+ of the Insurer)
* Insert name of individual, body corporate or partnership.
(Form C Replaced 44 of 1990 s. 9)