Cap. 571 sub. leg. AR

Securities and Futures (Open-ended Fund Companies) (Fees) Regulation (Cap. 571, section 112ZQ(1) and (2))(Enacting provision omitted—E.R. 4 of 2018)[30 July 2018] L.N. 96 of 2018 Part 1 Preliminary 1. (Omitted as spent—E.R. 4 of 2018) 2. Interpretation (1) In this Regulation—Cap. 32 (第32章) means the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32);intended OFC (籌劃中公司) has the meaning given by section 112ZJA(1) of the Ordinance; (33 of 2021 s. 28)non-Hong Kong fund corporation (非香港基金法團) has the meaning given by section 112ZJA(1) of the Ordinance; (33 of 2021 s. 28)proposed company (擬成立公司) has the meaning given by section 112A of the Ordinance;Registrar (處長) means the Registrar of Companies;Rules (《規則》) means the Securities and Futures (Open-ended Fund Companies) Rules (Cap. 571 sub. leg. AQ); (E.R. 4 of 2018)sub-fund (子基金)—(a) in relation to a proposed company the instrument of incorporation of which provides for the division of its property into separate parts—means each of the separate parts; and(b) in relation to an open-ended fund company—has the meaning given by section 112R of the Ordinance.(2) In Schedule 3, a reference to section 284 of Cap. 32—(a) in relation to the winding up of an open-ended fund company under Part 11 of the Rules (Part 11)—is a reference to a provision of Part 11 that is equivalent to that section, subject to the necessary modifications and modifications specified in Division 2 of Part 11 (subject provision); and(b) in relation to the winding up of a sub-fund under Part 11—is a reference to the subject provision subject to the modifications specified in Division 3 of Part 11. Part 2 Fees Payable to Commission 3. Fees for certain applications made in relation to proposed companies (1) A fee specified in column 3 of Part 1 of Schedule 1 is payable to the Commission for an application (specified application) described, opposite the fee, in column 2 of that Part.(2) Subsection (1) does not apply to a specified application if—(a) at the time the specified application is made, an application is also made to the Commission under section 104 of the Ordinance for the proposed company concerned; or(b) an application has been made under that section for the proposed company concerned and is pending at the time the specified application is made. (33 of 2021 s. 29) 3A. Fees for certain applications made in relation to non-Hong Kong fund corporations (1) A fee specified in column 3 of Part 1A of Schedule 1 is payable to the Commission for an application (specified application) described, opposite the fee, in column 2 of that Part. (2) Subsection (1) does not apply to a specified application if— (a) at the time the specified application is made, an application is also made to the Commission under section 104 of the Ordinance for the intended OFC concerned;(b) an application has been made under that section for the non-Hong Kong fund corporation concerned and is pending at the time the specified application is made; or(c) an authorization is granted under that section for the non-Hong Kong fund corporation concerned. (33 of 2021 s. 30) 4. Fees for certain applications made in relation to open-ended fund companies (1) A fee specified in column 3 of Part 2 of Schedule 1 is payable to the Commission for an application described, opposite the fee, in column 2 of that Part.(2) Subsection (1) does not apply to an application if at the time the application is made, the open-ended fund company concerned is authorized under section 104 of the Ordinance. 5. Time for payment A fee payable under section 3 or 4 for an application is to be paid when the application is made. 6. Waiver of fees If, in a particular case, the Commission is of the opinion that the payment of a fee under section 3 or 4 would be inappropriate or unduly burdensome, the Commission may waive, in whole or in part, the fee. Part 3 Fees Payable to Registrar 7. Fees for inspecting or obtaining documents and information A fee specified in column 3 of Part 2 of Schedule 2 is payable to the Registrar for the matter described, opposite the fee, in column 2 of that Part. 8. Miscellaneous fees payable to Registrar A fee specified in column 3 of Schedule 3 is payable to the Registrar for the matter described, opposite the fee, in column 2 of that Schedule. Schedule 1 [ss. 3, 3A & 4](33 of 2021 s. 31)Fees Payable to Commission Part 1 Fees for Proposed Companies Column 1 Column 2 Column 3 Item Description Fee 1. An application under section 112D(1) of the Ordinance to register a proposed company which could have one or more sub-funds $10,000, plus $1,250 for each sub-fund 2. An application under section 112D(1) of the Ordinance to register any other proposed company $5,000 Part 1A Fees for Non-Hong Kong Fund Corporations Column 1 Column 2 Column 3 Item Description Fee 1. An application under section 112ZJB(1) of the Ordinance to register a non-Hong Kong fund corporation where the intended OFC has or could have one or more sub-funds $10,000 plus $1,250 for each sub-fund 2. An application under section 112ZJB(1) of the Ordinance to register a non-Hong Kong fund corporation in any case other than that described in item 1 $5,000 (Part 1A added 33 of 2021 s. 31) Part 2 Fees for Open-ended Fund Companies Column 1 Column 2 Column 3 Item Description Fee 1. An application for an approval under rule 9(2) of the Rules to change the name of an open-ended fund company $300 2. An application for an approval under rule 101(3) of the Rules to appoint a person to be a director $300 3. An application for an approval under rule 114(3) of the Rules to appoint a person to be a custodian $300 4. An application for an approval under rule 125(3) of the Rules to appoint a person to be an investment manager $300 5. An application for an approval under rule 160(1) of the Rules to establish one or more sub-funds $1,250for each sub-fund 6. An application for an approval under rule 160(3) of the Rules to terminate one or more sub-funds $300for each sub-fund 7. An application for an approval under rule 161 of the Rules to change the name of one or more sub-funds $300for each sub-fund 8. An application under section 112ZH of the Ordinance to cancel the registration of an open-ended fund company $300 9. An application under section 112ZO of the Ordinance for the granting of a modification or waiver in relation to a person specified in section 112ZO(2) of the Ordinance in respect of a requirement of the Rules $6,000 Schedule 2 [s. 7]Fees Payable to Registrar for Inspecting or Obtaining Documents and Information Part 1 Interpretation of Schedule 2 1. In this Schedule—OFC register (開放式基金型公司登記冊) has the meaning given by rule 2 of the Rules;on-site user (到場使用者) means a person inspecting or obtaining, at the specified place, any document or information contained in the OFC register;principal account (主要帳户) means the first account that a registered online user registers with the Registrar under a registration arrangement;registered online user (登記用户) means a person who has entered into a registration arrangement with the Registrar;registration arrangement (登記安排) means an arrangement under which a person may register one or more accounts with the Registrar through which that person may use online medium for inspecting and obtaining documents and information contained in the OFC register;specified place (指明地點) means the office of the Registrar at which the OFC register is made available for inspection under rule 41 of the Rules;subsequent account (其後帳户) means any account, other than the principal account, that a registered online user registers with the Registrar under a registration arrangement;unregistered online user (無帳户使用者) means a person, other than a registered online user, using an online medium for inspecting or obtaining documents and information contained in the OFC register. Part 2 Fees for Inspecting or Obtaining Documents and Information Relating to Open-ended Fund Companies O—Fee payable by an on-site user R—Fee payable by a registered online user U—Fee payable by an unregistered online user Column 1 Column 2 Column 3 Item Description Fee 1. Under rule 41(3) of the Rules, for obtaining, by way of downloading through online medium, an image record of— (a) an incorporation form R : $16 U : $18 (ab) a re-domiciliation form (33 of 2021 s. 32) R : $16 U : $18 (b) an instrument of incorporation R : $21 U : $23 (c) an account made up by a liquidator in respect of an open-ended fund company, or a sub-fund, being wound up under Part 11 of the Rules R : $21 U : $23 (d) any other document R : $9 U : $10 2. Under rule 41(3) of the Rules, for obtaining, at the specified place, a copy of an image record of— (a) an incorporation form O : $30 (ab) a re-domiciliation form (33 of 2021 s. 32) O : $30 (b) an instrument of incorporation O : $35 (c) an account made up by a liquidator in respect of an open-ended fund company, or a sub-fund, being wound up under Part 11 of the Rules O : $35 (d) any other document O : $20 3. Under rule 41(2) and (3) of the Rules, for online inspection of, and obtaining, an image record of— (a) an incorporation form R : $21 U : $23 (ab) a re-domiciliation form (33 of 2021 s. 32) R : $21 U : $23 (b) an instrument of incorporation R : $26 U : $29 (c) an account made up by a liquidator in respect of an open-ended fund company, or a sub-fund, being wound up under Part 11 of the Rules R : $26 U : $29 (d) any other document R : $12 U : $13 4. Under rule 41(2) of the Rules, for inspecting information contained in the index of directors kept under rule 109(1) of the Rules— (a) for each inspection of the list of directors of an open-ended fund company O : $11 R : $11 U : $11 (b) for each inspection of the particulars of a director of an open-ended fund company O : $11 R : $11 U : $11 (c) for each inspection of all the directorships held by a person in any open-ended fund companies O : $22 R : $22 U : $22 5. Under rule 41(3) of the Rules, for obtaining a copy of a record containing the current particulars of an open-ended fund company, per company O : $22 R : $22 U : $22 6. For registering an account with the Registrar for inspecting and obtaining documents and information contained in the OFC register per year— (a) for a principal account $500 (b) for each subsequent account $100 Schedule 3 [ss. 2 & 8]Miscellaneous Fees Payable to Registrar Column 1Column 2Column 3ItemDescriptionFee 1. Lodging an incorporation form and a copy of the instrument of incorporation delivered under section 112C of the Ordinance $479 2. Incorporating an open-ended fund company under section 112C of the Ordinance (33 of 2021 s. 33) $2,555 2A. Lodging a re-domiciliation form and a copy of the instrument of incorporation delivered under section 112ZJC of the Ordinance (33 of 2021 s. 33) $479 2B. Issuing a certificate of re-domiciliation under section 112ZJC of the Ordinance (33 of 2021 s. 33) $2,555 3. Lodging a notice of change of company name delivered under rule 9(4) of the Rules $160 4. Issuing a certificate of change of name under rule 9(7) of the Rules $1,245 5. Certifying under rule 41(3) of the Rules a copy of any document or information (including an extract of a document) contained in the OFC register $130 6. Registering a notice delivered under rule 174(1) or (3) of the Rules $40 7. Inspecting under section 284 of Cap. 32 a liquidator’s statement sent to the Registrar in respect of the winding up of an open-ended fund company or a sub-fund under Part 11 of the Rules $26 8. Obtaining under section 284 of Cap. 32 a copy of a liquidator’s statement, or a part of the statement, sent to the Registrar in respect of the winding up of an open-ended fund company or a sub-fund under Part 11 of the Rules— (a) if the copy is made by photographic means and its size does not exceed 210 mm x 297 mm $13 per page (or portion of a page) (b) if the copy is made by photographic means and its size exceeds 210 mm x 297 mm $13, plus an additional fee not exceeding $5 that is specified by the Registrar, per page (or portion of a page) (c) if the copy is made by any other means— (i) for a copy that is certified by the Registrar $8 per page (ii) for any other copy $4 per page