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Information Centre

Enforcement

1
What will MPFA do if the employer does not make contributions?

If the employer does not pay the required mandatory contributions, MPF trustee is required to report the default to MPFA (not applicable to Casual Employees). Upon receiving the trustee's report, MPFA:

  • will impose a contribution surcharge on the employer;
  • will pursue the recovery of the outstanding contributions and surcharges on behalf of the members;
  • may initiate civil proceedings to recover the default; and
  • may also pursue criminal prosecution against the non-complying employer.
If an employee believes the employer is not making mandatory contributions, he/she is encouraged to lodge a formal complaint with MPFA.  All complaints are treated in the strictest confidence.

You may find more information here.
2
How can MPFA recover contributions in arrears when the employer has become insolvent?

If the employer has become insolvent, MPFA may collect relevant information from the employee and file claims with the Insolvency Officer or liquidator in accordance with the insolvency proceedings in the hope of recovering the default contributions on behalf of the employee. Upon receiving the sum from the liquidator, MPFA will pay the amount to the MPF trustee for allocation to the relevant employees' MPF accounts.

In distributing the money from the realization of assets of an insolvent employer, debts shall be paid in such order of priority as stipulated by law. Unpaid MPF contributions, in the distribution of the property of the company, shall be paid in priority (with other preferential payments) to all other debts.

3
What happens to the accrued benefits if the employer's business is being wound up?

Mandatory contributions paid to MPF schemes will be fully and immediately vested as accrued benefits in the scheme members and kept by the custodian. All accrued benefits in any MPF schemes will not be affected by the closure of the employer's business.

4
How does a scheme member lodge a complaint on the marketing activities of an MPF intermediary?

If a scheme member thinks that an MPF intermediary has not complied with the conduct requirements, or suspects an unregistered intermediary is conducting unregistered marketing or sales activities, he or she can lodge a complaint with the MPFA by mail, telephone, fax, email, or in person .

Post: Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories
Hotline: 29180102
Fax: 22598806
Email: mpfa@mpfa.org.hk
In person: MPFA offices

5
If an investigation by the MPFA confirms that an intermediary has not complied with the statutory requirements during marketing and sales, what disciplinary action will MPFA take? Will MPFA ask the intermediary to compensate his/her clients?

If an intermediary has violated the conduct requirements, MPFA can take disciplinary actions, including:

  • A public reprimand or reprimand;
  • Suspension of registration;
  • Revocation of registration;
  • Disqualification from re-registration within a specified period;
  • Fine (up to a maximum of $10 million or three times the profit gained or loss avoided due to conduct violation, whichever is higher).
The MPFA does not have statutory power to request an intermediary to compensate a scheme member for his/her MPF investment loss.

 

 

Last Revision Date: 17/03/2016