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- MPFA suspended the registration of LAU Pui-sze as an MPF intermediary for 6 months
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MPFA suspended the registration of LAU Pui-sze as an MPF intermediary for 6 months
The MPFA has suspended the registration of LAU Pui-sze as an MPF intermediary for 6 months from 2 June 2022 to 1 December 20221.
The MPFA found that when LAU invited or induced an MPF scheme member to join or become a member of an MPF scheme and to transfer the scheme member’s MPF benefits from an MPF scheme to another scheme from March to June 2019, she contravened the conduct requirements under the Mandatory Provident Fund Schemes Ordinance (MPFSO)2, including that when carrying on a regulated activity, a subsidiary intermediary3 must act honestly, fairly, in the best interests of the client and with integrity, and exercise a level of care, skill and diligence that may reasonably be expected of a prudent person who is carrying on the regulated activity. She also contravened the Guidelines on Conduct Requirements for Registered Intermediaries4 and failed to comply with the internal policy and guideline of her principal intermediary5. The key facts of LAU’s misconduct are summarized as follows:
1. LAU impersonated the scheme member on two occasions in calling an MPF trustee to make enquiries about the scheme member’s account;
2. LAU failed to obtain the scheme member’s initials or authentication for the alterations made by LAU to a completed form;
3. LAU failed to ensure that an MPF form was duly completed before asking the scheme member to sign on it; and
4. LAU failed to provide copies of the signed forms to the scheme member.
In deciding the disciplinary sanction, the MPFA took into account all relevant circumstances, including the nature, seriousness and impact of LAU’s breaches and that she has no previous disciplinary record with the MPFA.
The case was referred to the MPFA following investigation by the Insurance Authority.
A copy of the Statement of Disciplinary Action is available here.
– Ends –
2 June 2022
1. LAU (MPF Registration No. 120808) has been a subsidiary intermediary attached to Sun Life Hong Kong Limited since 16 February 2017.
2. Section 34ZL(1)(a) and (b) of the MPFSO.
3. A subsidiary intermediary is a person registered by the MPFA to carry out MPF sales and marketing activities and to give regulated advice on behalf of a principal intermediary to which the person is attached.
4. The Guidelines provides that an MPF intermediary should:
(a)ensure that any form to be signed by a client is duly completed in all material respects before asking the client to sign on it. Any alterations to the completed form must be initialed by the client or, where it is not practical to do so, otherwise authenticated as representing the client’s instruction.A copy of the form should be provided to the client as soon as reasonably practicable (paragraph III.3); and
(b)comply with the controls, procedures and standards of conduct as required by his principal intermediary (paragraph III.20).
5. A principal intermediary is a business entity registered by the MPFA to engage in conducting MPF sales and marketing activities and giving regulated advice.
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