Chapter:	426	Title:	OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE	Gazette Number:
Section:	67	Heading:	Special provisions for schemes covering groups of companies	Version Date:	30/06/1997

(1) Subject to this section, an occupational retirement scheme must only cover 1 relevant employer. (Replaced 53 of 1995 s. 21)
(1A) Relevant employers from within a grouping of companies may operate, contribute to or participate in, group occupational retirement scheme that covers 2 or more companies from within the grouping of companies. (Added 53 of 1995 s. 21)
(1B) The relevant employers from within the grouping of companies must jointly or severally by power of attorney nominate one of themselves, or the holding company of a group of companies within the grouping of companies, as the representative employer for the purposes of the scheme. (Added 53 of 1995 s. 21)
(1C) For the purpose of this section-

(a) "grouping of companies" (公司集團) means companies that are associated companies or are within a group of companies and includes associated companies of a member of a group of companies;
(b) "group of companies" (同一集團的公司) means a holding company and its subsidiaries;
(c) companies are regarded as being associated companies if-
(i) one of the companies holds, or is entitled to control the exercise of, 20% or more of the voting power in the other company's general meetings;
(ii) one of the companies is a subsidiary of an associated company; or
(iii) they are partners under a written partnership agreement. (Added 53 of 1995 s. 21)

(a) notify the representative employer and the Registrar within 1 month of ceasing to comply; and
(b) withdraw from the scheme within 3 months or such further time as the Registrar allows in the circumstances, unless within that time the relevant employer resumes compliance. (Added 53 of 1995 s. 21)

(a) the transfer of the rights of the members who are employed by the withdrawing relevant employer 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
(b) the orderly winding up of that part of the scheme that applies to the withdrawing relevant employer. (Added 53 of 1995 s. 21)

(a) an application made as regards the scheme under section 7, 15, 23(3) or 48(1) by the representative employer shall be deemed to be an application made by each of the employers covered by the scheme;
(b) payment of a fee payable as regards the scheme under section 9(1) or 28(1) by the representative employer shall discharge the duty of all other employers covered by the scheme to pay such fee;
(c) an appeal made as regards the scheme under section 8, 13, 19 or 46 by the representative employer shall be deemed to be an appeal made by each of the employers covered by the scheme;
(d) a duty under this Ordinance to give or supply notices, statements, particulars or information to a member of the scheme shall be discharged by the employer who employs the members;
(e) a notice given as regards the scheme by the Registrar under section 11(2)(b), 12(2)(b), 14(2), 14(3)(b), 32(4)(a), 36(4), 39(1), 43(1)(b), 45(2)(b), 47(2) or 47(3)(b) to the representative employer shall, unless otherwise stated in the notice, be deemed to have been given to every employer covered by the scheme; (Amended 53 of 1995 s. 21)
(f) the duty of a consultative committee formed by the members of the scheme to give notice or advice to the relevant employer of the scheme under section 34 shall be discharged by giving the notice or advice to the representative employer;
(g) the duty under section 10(1)(d), (f) and (g) shall be discharged as regards the scheme by the representative employer; (Amended 53 of 1995 s. 21)
(ga) the representative employer of an exempted scheme shall, for each period of 12 months beginning on the date of the exemption certificate or on an anniversary of the date, give the Registrar-
(i) for a scheme exempted under section 7(4)(a), documentary evidence to satisfy the Registrar of the validity of the relevant registration or approval during the period; or
(ii) for a scheme exempted under section 7(4)(b) or (c), a written statement of the total number of members of the scheme and the number of the members who were Hong Kong permanent identity card holders on the date of the statement,
within 14 days after the expiration of the period or such longer period as the Registrar may allow; (Added 53 of 1995 s. 21)
(gb) the representative employer shall notify the Registrar of a change of representative employer within 1 month of the change; (Added 53 of 1995 s. 21)
(gc) the representative employer shall notify the Registrar of a change to his name or address-
(i) for a registered scheme for which he is the representative employer within 1 month of the change; and
(ii) for an exempted scheme for which he is the representative employer as soon as is reasonably practicable after the change; (Added 53 of 1995 s. 21)
(gd) the representative employer shall notify the Registrar of the matters prescribed in rules and required under section 21A(2) within 1 month after the change to the name of the scheme; (Added 53 of 1995 s. 21)
(ge) the representative employer of a registered group scheme shall notify the Registrar of any change of the administrator of the scheme as required under section 22(1)(b); (Added 53 of 1995 s. 21)
(gf) the Registrar may give notice under section 26(1) to the representative employer of a registered group scheme and the representative employer is required to comply with notice given under that section in addition to a requirement placed on a relevant employer under that section and the representative employer may apply for an extension of time under section 26(2); (Added 53 of 1995 s. 21)
(h) a notice required to be given as regards the scheme to the Registrar under section 29 shall be given by the representative employer;
(i) an exemption certificate or registration certificate issued under section 7(1) or 18(5) as regards the scheme shall be issued to the representative employer.