CAP 571D SECURITIES AND FUTURES (PROFESSIONAL INVESTOR) RULES

For the purposes of paragraph (j) of the definition of "professional investor" in section 1 of Part 1 of Schedule 1 to the Ordinance, the following persons are prescribed as within the meaning of that definition for the purposes of any provision of the Ordinance other than Schedule 5 -

1. any trust corporation having been entrusted under the trust or trusts of which it acts as a trustee with total assets of not less than $40 million or its equivalent in any foreign currency -
   1. as stated in the most recent audited financial statement prepared -
      1. in respect of the trust corporation; and
      2. within 16 months before the relevant date;
   2. as ascertained by referring to one or more audited financial statements, each being the most recent audited financial statement, prepared -
      1. in respect of the trust or any of the trusts; and
      2. within 16 months before the relevant date; or
   3. as ascertained by referring to one or more custodian statements issued to the trust corporation -
      1. in respect of the trust or any of the trusts; and
      2. within 12 months before the relevant date;
2. any individual, either alone or with any of his associates on a joint account, having a portfolio of not less than $8 million or its equivalent in any foreign currency -
   1. as stated in a certificate issued by an auditor or a certified public accountant of the individual within 12 months before the relevant date; or (23 of 2004 s. 56)
   2. as ascertained by referring to one or more custodian statements issued to the individual (either alone or with the associate) within 12 months before the relevant date;
3. any corporation or partnership having -
   1. a portfolio of not less than $8 million or its equivalent in any foreign currency; or
   2. total assets of not less than $40 million or its equivalent in any foreign currency, as ascertained by referring to -
   3. the most recent audited financial statement prepared -
      1. in respect of the corporation or partnership (as the case may be); and
      2. within 16 months before the relevant date; or
   4. one or more custodian statements issued to the corporation or partnership (as the case may be) within 12 months before the relevant date; and
4. any corporation the sole business of which is to hold investments and which is wholly owned by an individual who, either alone or with any of his associates on a joint account, falls within the description in paragraph (b).