Full legislation
s.53F
Prescribed person to send report directly to Authority in certain cases relating to licensed insurance broker companies, etc.
(1) This section applies if— (a) a prescribed person who is an auditor of a specified broker becomes aware of evidence of a failure by the specified broker to comply with the specified rules when the person discharges duties in the capacity as an auditor of the specified broker; or (b) a prescribed person who is a former auditor of a specified broker becomes aware of evidence of a failure by the specified broker to comply with the specified rules when the person discharged duties in the capacity as a former auditor of the specified broker. (2) The prescribed person must, as soon as practicable after becoming aware of the evidence, send to the Authority a report in writing of the failure. (3) In subsection (1 )( b) , a reference to evidence includes evidence of which the prescribed person became aware when the person was an auditor of the specified broker. (4) In this section— specified broker ( 指明經紀 ) means— (a) a licensed insurance broker company; (b) a former licensed insurance broker company; or (c) a person who was formerly an authorized insurance broker within the meaning of the pre-amended Ordinance; specified rules ( 指明規則 )— (a) in relation to a licensed insurance broker company or a former licensed insurance broker company, means rules made under section 129 that set out the requirements— (i) in relation to the capital and net assets of a licensed insurance broker company; (ii) in relation to the professional indemnity insurance taken out by a licensed insurance broker company; (iii) in relation to the keeping of separate client accounts by a licensed insurance broker company; and (iv) in relation to the keeping of proper books and accounts by a licensed insurance broker company; (b) in relation to a person who was formerly an authorized insurance broker within the meaning of the pre- amended Ordinance, means the minimum requirements specified by the former authority under the pre- amended Ordinance— (i) in relation to the capital and net assets of an authorized insurance broker; (ii) in relation to the professional indemnity insurance taken out by an authorized insurance broker; (iii) in relation to the keeping of separate client accounts by an authorized insurance broker; and (iv) in relation to the keeping of proper books and accounts by an authorized insurance broker.