Cap. 571 sub. leg. AE

Securities and Futures (Transfer of Functions—Stock Exchange Company) Order(Cap. 571, section 25)(Enacting provision omitted—E.R. 2 of 2014) [1 April 2003] L.N. 12 of 2003(Format changes—E.R. 2 of 2014) 1. (Omitted as spent—E.R. 2 of 2014) 2. Application Nothing in this Order applies to a prospectus offering for subscription or purchase interests in a collective investment scheme, the issue of which—(a) would be an offence under section 103(1)(b) of the Ordinance; or(b) is exempted from the application of section 103(1)(b) of the Ordinance solely by virtue of section 103(3)(h) of the Ordinance. 3. Transfer of functions of the Commission The functions conferred upon the Commission by sections 38B(2A)(b), 38D(3) and (5) and 342C(3) and (5) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) are transferred to the Stock Exchange Company— (28 of 2012 ss. 912 & 920)(a) to the extent that they relate to any prospectus which is concerned with any shares in or debentures of a corporation that have been approved by the Stock Exchange Company for listing on a recognized stock market; and(b) subject to the reservation that the Commission is to perform the functions concurrently with the Stock Exchange Company. 4. Fees The Stock Exchange Company is entitled to charge and retain any fees payable in relation to its performance of functions transferred under this Order which, had this Order not been made, would be payable to the Commission under the Securities and Futures (Fees) Rules (Cap. 571 sub. leg. AF) in relation to the performance by the Commission of such functions.