ML-ATP-1 appointed third party particulars money lender

ML-ATP-1 Appointed Third Party Particulars Money Lender

A licensed money lender in Hong Kong that engages a third party to perform services such as loan servicing, debt collection, or customer communication must disclose that arrangement to the Commissioner of Police using form ML-ATP-1. The ML-ATP-1 appointed third party particulars money lender form captures the identity, address, and role of the appointed party, a mandatory step under the licensing conditions imposed by the Money Lenders Ordinance (Cap. 163).

What Is the ML-ATP-1 Form?

Form ML-ATP-1 is the prescribed notification for reporting a third-party appointment. It requires the licensee to provide the third party's full particulars, including its legal name, business address, the nature of its services, and the authorised representative who will act on its behalf. The Commissioner of Police uses this information to assess whether the third party meets the fit and proper criteria expected of anyone involved in money lending activities.

Money Lender Third Party Appointment Form

The money lender third party appointment form is structured into several sections. Part A asks for the licensee's licence number, business name, and registered address. Part B requires the full particulars of the appointed third party. If the third party is a company, provide its certificate of incorporation, business registration certificate, and the names of its directors and shareholders. If the third party is an individual, provide the individual's full name, Hong Kong identity card number, residential address, and proof of address dated within the last three months.

Part C describes the scope of services. Common services include debt collection, loan origination support, customer verification, and loan repayment processing. The licensee must specify each service category and indicate whether the third party will handle cash, cheques, or electronic payments on behalf of the money lender.

ML-ATP-1 Hong Kong: Submission Requirements

The ml-atp-1 hong kong form must be submitted to the Licensing Office of the Commissioner of Police before the third party begins providing services. The submission must include the completed form and the following supporting documents:

• A copy of the third party's valid Business Registration Certificate
• A copy of the third party's certificate of incorporation (if a company)
• A copy of the third party's valid Hong Kong identity card or passport (if an individual)
• A copy of the service agreement or contract between the money lender and the third party
• A declaration signed by the third party's authorised representative confirming the accuracy of the particulars

The Licensing Office reviews the submission and may request additional information or clarification. The money lender must not engage the third party until the Commissioner has acknowledged receipt of the notification or confirmed no objection.

Licensed Money Lender Third Party: Who Qualifies

A licensed money lender third party must be a person or entity that is not disqualified under the Money Lenders Ordinance. The Commissioner of Police considers whether the third party has any criminal record, is an undischarged bankrupt, or has been involved in any previous regulatory breaches. The third party must also demonstrate that it has adequate systems in place to handle borrower data confidentially and in compliance with the Personal Data (Privacy) Ordinance (Cap. 486).

The money lender remains responsible for the third party's conduct. If the third party breaches any condition of the licence or any provision of the Money Lenders Ordinance, the Commissioner may take enforcement action against the money lender, including suspension or revocation of the licence.

Hong Kong Money Lenders Ordinance Third Party: Legal Basis

The Hong Kong money lenders ordinance third party provisions are found in the licensing conditions issued under section 7 of the Money Lenders Ordinance. Condition 9 of the standard licence conditions requires the licensee to obtain prior approval from the Commissioner of Police before appointing any third party to carry out any function related to the money lending business. Form ML-ATP-1 is the mechanism for obtaining that approval.

Failure to notify the Commissioner of a third party appointment is a breach of the licence conditions and may result in a fine or imprisonment. The money lender must also use form ML-ATP-2 to notify the Commissioner of any change in the third party's particulars, and form ML-ATP-3 to formally terminate the appointment.

Completing the Form: Step-by-Step

1. Obtain the form. Download ML-ATP-1 from the Hong Kong Police Force website or collect it from the Licensing Office.
2. Fill in Part A - Licensee details. Enter the licence number exactly as shown on the money lender's licence certificate, the business name, and the registered address.
3. Fill in Part B - Third party particulars. For a company: full legal name, business registration number, date of incorporation, registered address, names of all directors and shareholders holding 10% or more of the issued shares. For an individual: full name in English and Chinese, Hong Kong identity card number, residential address, and contact telephone number.
4. Fill in Part C - Scope of services. Tick each service the third party will perform. If the service is not listed, describe it in the "other" field.
5. Fill in Part D - Declaration. The money lender's authorised representative must sign and date the declaration. The third party's authorised representative must also sign a separate declaration on the form.
6. Attach supporting documents. Include the documents listed above. Ensure all copies are legible and, where required, certified by a qualified professional such as a solicitor or a certified public accountant.
7. Submit the form. Deliver the completed form and attachments to the Licensing Office, Hong Kong Police Force, either in person or by post. Keep a copy of the submitted form and the acknowledgment receipt for your records.

Regulatory Compliance and Record-Keeping

Maintaining regulatory compliance with the Money Lenders Ordinance requires the money lender to keep a register of all appointed third parties. The register should include the date of appointment, the services provided, and a copy of the service agreement. The Commissioner of Police may inspect this register during routine compliance visits.

The disclosure requirements extend to the borrower. If a third party will contact the borrower for debt collection or loan servicing, the money lender must inform the borrower in writing of the third party's name and contact details. This disclosure must be made before the third party first communicates with the borrower.

Supporting Documents Checklist

Before submitting form ML-ATP-1, verify that the following supporting documents are included:

• Completed and signed ML-ATP-1 form
• Copy of the third party's Business Registration Certificate
• Copy of the third party's certificate of incorporation (if applicable)
• Copy of the third party's Hong Kong identity card or passport (if an individual)
• Copy of the service agreement between the money lender and the third party
• Declaration signed by the third party's authorised representative

The Licensing Office typically processes complete submissions within 14 working days. Incomplete submissions will be returned, delaying the appointment. The money lender should plan the form submission well in advance of the intended start date of the third party's services.