Mandatory Provident Fund Schemes Ordinance (MPFSO) 《強制性公積金計劃條例》(《強積金條例》)
The MPFSO (Cap. 485) is the principal legislation for Hong Kong's MPF System. It supplies the legal framework for privately managed, employment-related schemes through which working people accumulate retirement benefits. [MPFA: Primary Legislation](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/legislation/primary-legislation)
Its scope includes establishing non-governmental MPF schemes, contributions, scheme registration and regulation. It also provides for the establishment of the MPFA to oversee scheme administration and management. Distinguish private management of schemes from statutory oversight of the system.
The Ordinance also covers trustee approval and regulation, contribution exemptions for specified classes of persons, and sales, marketing and advice concerning MPF schemes. It makes consequential amendments to other Ordinances, including legislation concerning pensions.
MPF Subsidiary Legislation 強積金附屬法例
Section 46 of the MPFSO empowers the Chief Executive in Council to make regulations. This covers matters the Ordinance requires or permits regulations to prescribe, and matters necessary or convenient for achieving its purposes.
Regulations may set detailed requirements for trustees, enrolment, contributions, transfers and withdrawals of accrued benefits, and investments. They may also address MPF exemption applications for ORSO registered schemes, ongoing monitoring requirements, and the types and amounts of fees.
Section 47 empowers the MPFA to make rules on matters the Ordinance requires or permits rules to prescribe, including scheme administration and payment of mandatory contributions. Both section 46 regulations and section 47 rules are subsidiary legislation; remember their different makers. [MPFA: Subsidiary Legislation](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/legislation/secondary-legislation)
MPF Codes, Guidelines and Standards 強積金守則、指引及標準
MPFA codes and guidelines help service providers and scheme participants comply with legislation, including arrangements linking MPF and ORSO schemes. The two MPF codes are the Code on MPF Investment Funds and the Code on Disclosure for MPF Investment Funds. Guidelines issued under section 6H of the MPFSO are not subsidiary legislation. [MPFA: Codes](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/codes)
The MPF Guidelines have seven parts: I, Licensing; II, Reporting Requirements; III, Investment; IV, Scheme Operations; V, ORSO Interface; VI, Intermediaries; and VII, Electronic MPF System. In particular, distinguish Part VI on intermediaries from Part VII on the electronic system. [MPFA: Guidelines](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/guidelines)
The MPFA issues the Compliance Standards for MPF Approved Trustees to help trustees monitor systematically whether they fulfil their statutory duties and responsibilities. Their focus is trustees' compliance management. [MPFA: Compliance Standards](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/others)
The Performance Presentation Standards were developed jointly by the Hong Kong Trustees Association and the Hong Kong Investment Funds Association. They help trustees prepare, calculate and present information required in Fund Fact Sheets. Remember the different origins of these Standards and the MPFA's Compliance Standards. [MPFA: Performance Presentation Standards](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/others)
Legislation on the Regulation of MPF Intermediaries 規管強積金中介人的條例
The statutory regulatory regime for MPF intermediaries began on 1 November 2012. Remember this as the commencement date of statutory intermediary regulation, separately from other developments in the MPF System. [MPFA: Statutory Intermediary Regime](https://www.mpfa.org.hk/en/info-centre/press-releases/5810_record)
The regime strengthens regulation of MPF scheme sales and marketing to provide further protection for scheme members' interests. Advice concerning MPF schemes is also regulated. Regulation of schemes and trustees, and regulation of intermediary activities, are both elements of the MPF regulatory framework. [Insurance Authority: The Statutory Regulatory Regime](https://www.ia.org.hk/en/supervision/reg_mpf_intermediaries/the_statutory_regulatory_regime.html)
Practice
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