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Application in Relation to an ORSO Scheme

If an application for exemption or registration of an ORSO that the MPFA has received before the commencement date of the Amendment Ordinance, i.e. 26 June 2020, which is not finally disposed of, the pre-amended Ordinance continues to apply in relation to the application. That means, new requirement for the application of the Amendment Ordinance is not applicable.
  1. Application for Registration of Schemes Not Participating in a Pooling Agreement

    Please read the guidance notes before completing the form:
    Guidance Notes (ORS-1)

    Specified formFormSubmitted by
    Application for registration of schemes not participating in a pooling agreementORS-1Employer

    Employers are required to provide the following documents and application fee together with the completed form:

    Required document(s)
    Statement by a solicitor-
    Statement by an auditor on scheme's membership-
    Statement by an auditor (for *existing scheme only)-
    Audited accounts of the scheme, if any (for *existing scheme only)-
    Statement by the applicant including statement on scheme's membership (for scheme governed by a trust)Sample
    Statement by the applicant including statement on scheme's membership (for scheme regulated by an insurance arrangement)Sample
    Undertaking by designated person for schemes not participating in a pooling agreementSample
    Power of Attorney (for scheme with more than one relevant employer)Sample
    Actuarial Certificate (for defined benefits scheme only)-
    Submission to jurisdiction (for offshore scheme only)Sample
    Statement by legal practitioner (for offshore scheme governed by a trust only)Sample
    Certified true copy of full set of scheme terms (e.g. trust deed or policy)-
    *Existing scheme: Scheme existing at the time when an application for registration is made for the scheme.
    Note: The MPFA may require other documents subject to circumstances.

    Application Fee:

    An application fee of $3,700 is payable for each application. Payment should be made by sending a paper crossed cheque, bank draft or e-cheque in HK dollar made payable to “MPFA Administration Account”. Payment by e-cheque should be made via the e-Cheque Collection Portal (http://echeque.mpfa.org.hk).
     
  2. Application for Registration of Schemes Participating in a Pooling Agreement

    Please read the guidance notes before completing the form:
    Guidance Notes (ORS-2)

    Specified formFormSubmitted by
    Application for registration of schemes participating in a pooling agreementORS-2Employer

    Employers are required to provide the following documents and application fee together with the completed form:

    Required document(s)
    Statement by applicant on scheme's membershipSample
    Statement by administrator of the pooling agreement-
    Statement by a solicitor-
    Statement by an auditor on scheme's membership-
    Statement by an auditor (for *existing scheme only)-
    Audited accounts of the scheme, if any (for *existing scheme only)-
    Undertaking by designated person for schemes participating in a pooling agreementSample
    Power of Attorney (for scheme with more than one relevant employer)Sample
    Actuarial Certificate (for defined benefits scheme only)-
    Submission to jurisdiction (for offshore scheme only)Sample
    Statement by legal practitioner (for offshore scheme governed by a trust only)Sample
    Certified true copy of full set of scheme terms (e.g. trust deed or policy)-
    *Existing scheme: Scheme existing at the time when an application for registration is made for the scheme.
    Note: The MPFA may require other documents subject to circumstances.

    Application Fee:

    An application fee of $1,800 is payable for each participating scheme applying for registration. Payment should be made by sending a paper crossed cheque, bank draft or e-cheque in HK dollar made payable to “MPFA Administration Account”. Payment by e-cheque should be made via the e-Cheque Collection Portal (http://echeque.mpfa.org.hk).
     
  3. Application for an Exemption Certificate

    Please read the guidance notes before completing the form:
    Guidance Notes (ORS-3)
    List of Overseas Authorities in respect of Section 7(4)(a) of Occupational Retirement Schemes Ordinance

    Notes: Notwithstanding those set out in the “List of Overseas Authorities”, employers can apply for exemption certificate under section 7(4)(a) in respect of any overseas occupational retirement schemes approved or registered by an overseas authority which is not on the list of Overseas Authorities by referring to the Additional Guidance Note as stated above. Please contact the MPFA for further assistance if needed.

    Specified formFormSubmitted by
    Application for an Exemption CertificateORS-3Employer

    Employers are required to provide the following documents and application fee together with the completed form:

    Required document(s)
    Statement by relevant employer or representative employer on scheme's membershipSample
    Power of Attorney (for scheme with more than one relevant employer)Sample
    Certified true copy of full set of scheme terms (e.g. trust deed or policy)-
    Note: The MPFA may require other documents subject to circumstances.

    Application Fee:

    An application fee of $940 is payable for each application. Payment should be made by sending a paper crossed cheque, bank draft or e-cheque in HK dollar made payable to “MPFA Administration Account”. Payment by e-cheque should be made via the e-Cheque Collection Portal (http://echeque.mpfa.org.hk).
     
  4. Cessation of Application of Pooling Agreement and Application for Re-registration of Schemes

    A pooling agreement shall not cease to apply to a registered scheme unless the MPFA has given its prior consent in writing. The MPFA will give its consent provided that a fresh application for registration of the scheme has been made to the MPFA. Please follow the steps below:

    Step 1:The administrator of the relevant pooling agreement or the relevant employer of the relevant registered scheme applies for the MPFA’s consent in writing for the cessation of application of the pooling agreement.
     
    Step 2:The relevant employer makes an application for registration of the scheme. Please refer to b. Application for Registration of Schemes Participating in a Pooling Agreement.
     
    Step 3:For the application for re-registration of a scheme with MPF Exemption certificate, the person who has the duty or power to retire and appoint the trustee of a scheme shall apply in writing to obtain the MPFA’s approval before retiring and appointing the trustee.

    If the appointed trustee is an overseas trust company which is comparable to a registered trust company, an application shall also be made in the prescribed form (i.e. Form OI-TC). For more details, please refer to Application for Approval of Appointment / Retirement of Trustee: a. Application for Approval of Appointment of a Trustee Which is a Company.


  5. Application for MPF Exemption Certificate for a scheme established as a result of scheme restructuring or bona fide business transactions

    *applicable to MPF exempted ORSO registered scheme only

    Before the commencement of MPF legislation (i.e. 1 December 2000), some employers set up ORSO schemes voluntarily. In order to continue the operation of these ORSO schemes, employers might apply for MPF exemption for their ORSO scheme on or before 3 May 2000. After 3 May 2000, the MPFA no longer accepts any applications for MPF exemption status unless the scheme fulfils the requirement under section 14 and section 16 of the Exemption Regulation. To apply for an MPF Exemption Certificate under these sections, please follow the steps below:

    Step 1:The relevant employer makes an application for registration of the scheme. For a new scheme:

    1. not participating in a pooling agreement, please refer to a. Application for Registration of Schemes not Participating in a Pooling Agreement;
    2. participating in a pooling agreement, please refer to b. Application for Registration of Schemes Participating in a Pooling Agreement.

    Step 2:The trustee of the new ORSO registered scheme makes an application for MPF exemption. Please read the guidelines before completing the form:
    Guidelines V.2

    Specified formFormSubmitted by
    Application for exemption of ORSO registered schemesERTrustee

    If the appointed trustee is a company incorporated outside Hong Kong which is comparable to a registered trust company and has a significant presence and control in Hong Kong, the trustee is required to provide the following documents:

    Required document(s)
    Trustee’s information pursuant to section 5(1)(b) of schedule 3 to Exemption RegulationSample

    If the trustee is an individual, please provide the following documents:

    Required document(s)
    Trustee’s information pursuant to section 5(1)(c) and (d) of schedule 3 to Exemption RegulationSample
    Statutory Declaration for Appointment of TrusteeSample
    Authorization Form to Police for Security CheckingSample

    If the appointed trustee is not 1) a company incorporated in Hong Kong which is a registered trust company or 2) a company incorporated outside Hong Kong which is comparable to a registered trust company and has a significant presence and control in Hong Kong, please provide the following documents:

    Required document(s)
    Trustee’s information pursuant to section 5(1)(b) of schedule 3 to Exemption RegulationSample
    Trustee’s director's information pursuant to section 5(2)(b) of schedule 3 to Exemption RegulationSample
    Statutory Declaration for Appointment of Director of TrusteeSample
    Authorization Form to Police for Security CheckingSample
    Note: The MPFA may require other documents subject to circumstances.

    Application Fee:

    The application for an exemption certificate in respect of an ORSO registered scheme which is:

    • not participating in a pooling agreement: an application fee of $3,700 is payable for each scheme;
    • participating in a pooling agreement: an application fee of $1,800 is payable for each participating scheme.

    Payment should be made by sending a paper crossed cheque, bank draft or e-cheque in HK dollar made payable to “MPFA Administration Account” and provided together with the application form. Payment by e-cheque should be made via the e-Cheque Collection Portal (http://echeque.mpfa.org.hk).

Last Revision Date: 26/06/2020