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MPF exam · IV.ii

Categories of Trustees 受託人的分類

MPF trustees fall into three categories: local and re-domiciled corporate trustees, offshore corporate trustees, and individual trustees. Master trust schemes and industry schemes require corporate trustees, while individual trustees may act only for employer-sponsored schemes.

Identifying the Three Categories 三類受託人的識別

Start by identifying whether the trustee is a company or a natural person. There are three categories: local corporate trustees and re-domiciled corporate trustees share the first category; offshore corporate trustees outside Hong Kong form the second; and individual trustees acting as natural persons form the third.

When counting the categories, treat local and re-domiciled corporate trustees as one category, giving three categories in total. An offshore corporate trustee remains a corporate trustee. [MPFA Study Notes, Tenth Edition, section 4.2](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=63)

Master Trust Schemes and Industry Schemes 集成信託計劃及行業計劃

Master trust schemes and industry schemes share the same requirement concerning the trustee’s identity: both must be managed by corporate trustees. Appointing a natural person as trustee of either scheme type would breach the trustee-category restriction.

The requirement concerns corporate status and does not restrict the category to local corporate trustees. Distinguish a requirement to use a corporate trustee from a requirement to use only a local corporate trustee. [MPFA Study Notes, Tenth Edition, section 4.2](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=63)

Scope for Individual Trustees 個人受託人的適用範圍

An individual trustee may act only for an employer-sponsored scheme. When a scenario involves a natural person being invited to become a trustee, first check whether the scheme is an employer-sponsored scheme.

The direction of the restriction matters: individual trustees are an option only for employer-sponsored schemes, but those schemes may also use corporate trustees. Knowing that a scheme is employer-sponsored does not establish that its trustee must be a natural person. [MPFA Study Notes, Tenth Edition, section 4.2](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=63)

Practice

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