70
CAP. 24]
Securities and Futures Commission
[1989 Ed.
(i) entering into transactions of a class or description specified in the notice or entering into them otherwise than in circumstances so specified or to an extent so specified; (ii) soliciting business from persons of a class or description so specified or from persons other than persons of such a class or description;
(iii) carrying on business as a registered person in a manner so specified;
(b) require such a registered person to carry on business in, and only in, a manner so specified.
(2) A prohibition or requirement under this section may relate to either or both of the following—
(a) transactions entered into in connection with or for the purposes of the business in respect of which a registered person to whom section 38 applies is registered;
(b) other business which is carried on by such a registered person in connection with or for the purposes of such business.
40. Restriction on dealing with assets
Subject to section 38, the Commission may, as regards any assets whether in Hong Kong or elsewhere and whether they are assets of a registered person or not, by notice in writing—
(a) prohibit a registered person to whom section 38 applies from disposing of such assets or prohibit him from dealing with them in a manner specified in the notice;
(b) require such a registered person to deal with such assets in, and only in, a manner specified in the notice.
41. Maintenance of assets
(1) Subject to section 38, the Commission may by notice in writing require a registered person to whom section 38 applies to maintain in Hong Kong and in such other place outside Hong Kong as may be specified in the notice, in such manner as will enable such person at any time freely to transfer or otherwise dispose of them, assets of such value and of such class or description as appear to the Commission to be desirable with a view to ensuring that the person will be able to meet his liabilities in respect of the business carried on by him as a registered person.
(2) The Commission may direct that for the purposes of any requirement under this section assets of any specified class or description shall or shall not be taken into account.
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70
CAP. 24]
Securities and Futures Commission
[1989 Ed.
(i) entering into transactions of a class or description specified in the notice or entering into them otherwise than in circumstances so specified or to an extent so specified; (ii) soliciting business from persons of a class or description so specified or from persons other than persons of such a class or description;
(iii) carrying on business as a registered person in a manner so
specified;
(b) require such a registered person to carry on business in, and only
in, a manner so specified.
(2) A prohibition or requirement under this section may relate to either or both of the following-
(a)
transactions entered into in connection with or for the purposes of the business in respect of which a registered person to whom section 38 applies is registered;
(b) other business which is carried on by such a registered person in
connection with or for the purposes of such business.
40. Restriction on dealing with assets
Subject to section 38, the Commission may, as regards any assets whether in Hong Kong or elsewhere and whether they are assets of a registered person or not, by notice in writing-
(a) prohibit a registered person to whom section 38 applies from disposing of such assets or prohibit him from dealing with them in a manner specified in the notice;
(b) require such a registered person to deal with such assets in, and
only in, a manner specified in the notice.
41. Maintenance of assets
(1) Subject to section 38, the Commission may by notice in writing require a registered person to whom section 38 applies to maintain in Hong Kong and in such other place outside Hong Kong as may be specified in the notice, in such manner as will enable such person at any time freely to transfer or otherwise dispose of them, assets of such value and of such class or description as appear to the Commission to be desirable with a view to ensuring that the person will be able to meet his liabilities in respect of the business carried on by him as a registered person.
(2) The Commission may direct that for the purposes of any requirement under this section assets of any specified class or description shall or shall not be taken into account.
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