ML-ATP-2 changes in appointed third party particulars

Understanding ML-ATP-2 Changes in Appointed Third Party Particulars

The ML-ATP-2 changes in appointed third party particulars form notifies the licensing authority of any changes to a party already appointed under section 33B of the Money Lenders Ordinance (Cap. 163). After a money lender uses form ML-ATP-1 for the initial appointment, all subsequent alterations must be reported on this specific form. This requirement ensures the Commissioner of Police, who administers the licensing regime, holds accurate details on every individual or entity acting on the money lender’s behalf.

Money Lender Third Party Change Form

Use the money lender third party change form, officially ML-ATP-2, to report modifications to an appointed third party’s records. This form is distinct from the initial appointment form (ML-ATP-1) and the termination form (ML-ATP-3). A licensed money lender must submit the ML-ATP-2 whenever information about an appointed third party becomes outdated. Common triggers include a change in the third party’s residential or business address, an update to contact details, or alterations to the scope of authority. The form is the mandatory compliance update that bridges the original appointment record and the current factual position.

ML-ATP-2 Hong Kong

For money lenders in Hong Kong, the ML-ATP-2 Hong Kong form is the standard channel for notifying the licensing authority of change. The Hong Kong Police Force’s Licensing Office, which administers the Money Lenders Ordinance (Cap. 163), provides the form. It requires the licensed money lender to state its licence number, registered name, and the full name of the appointed third party whose particulars are being updated. State the new particulars precisely. The Licensing Office relies on this information to maintain the register of appointed parties and conduct fit and proper checks. Failure to use the correct form may result in the notification being treated as invalid.

Update Third Party Details Money Lender

To update third party details money lender holders must first obtain the current version of form ML-ATP-2. The form requests the following updated information about the appointed third party: full name in English and Chinese, Hong Kong identity card number or passport number, residential address, business address (if different), contact telephone number, email address, and the nature of the relationship or role. For a business address change, you may need to provide supporting evidence such as a tenancy agreement or utility bill. An authorised signatory of the licensed money lender, such as a director or the licensee, must sign the completed form. Submit it to the Licensing Office with copies of any supporting documents.

Hong Kong Money Lenders Ordinance Changes

The requirement to report changes stems from Hong Kong Money Lenders Ordinance changes strengthening regulatory oversight. Section 33B of the Money Lenders Ordinance (Cap. 163) permits a licensed money lender to appoint a third party to perform certain functions, such as debt collection, but imposes a continuing obligation to inform the licensing authority of any alteration to that party’s details. The legislative intention is to prevent appointed parties from operating with stale records, which would undermine the Commissioner of Police’s ability to monitor the industry. Mandating form ML-ATP-2 creates a clear audit trail for every modification.

When Notification of Change Is Required

File the notification promptly. The Money Lenders Ordinance does not prescribe a fixed number of days for ML-ATP-2 submissions, but the licensing authority expects licensees to act within 14 days of the change to demonstrate good compliance practice. Delays may raise questions about your commitment to regulatory obligations and could lead to enforcement action, including variation or revocation of the licence. File the form with any supplementary evidence that substantiates the change, such as a copy of the third party’s new identity document or a letter confirming a change of role.

Form Completion and Supporting Evidence

Complete form ML-ATP-2 accurately. The form captures both the old and new particulars, allowing the Licensing Office to see exactly what has been modified. For a business address change, state the former address, the new address, and the effective date of the change. For contact details, provide the previous and current telephone numbers or email addresses. Supporting evidence must be clear and legible; copies are generally acceptable unless the Licensing Office requests originals. Date and sign the form. Witness the signature if the instructions require it.

Regulatory Filing and Compliance

Submitting form ML-ATP-2 is a regulatory filing with the Hong Kong Police Force’s Licensing Office. Retain a copy of the completed form and any acknowledgement of receipt for your records. This compliance update forms part of your ongoing obligations under the Money Lenders Ordinance and may be reviewed during inspections or licence renewals. Failing to notify changes in appointed third party particulars risks a breach of your licence conditions, which could result in disciplinary action or a refusal to renew the licence. The licensing authority can also decline an ML-ATP-2 if it is incomplete or if the third party fails the fit and proper criteria.

Service Changes and Broad Authority

If the change involves the services the appointed third party provides, form ML-ATP-2 allows you to describe the revised scope of authority. For example, if a third party originally appointed for customer verification is now also authorised to handle loan disbursements, state these updated responsibilities clearly. The licensing authority uses this information to assess whether the expansion of duties remains within the bounds permitted by the licence and whether the third party continues to meet the fit and proper standard. Provide a precise explanation of the service changes.

Conclusion

Form ML-ATP-2 is the sole mechanism for notifying the licensing authority of changes in the particulars of a third party already appointed under the Money Lenders Ordinance (Cap. 163). The form requires you to identify the appointed party, state the old and new particulars, provide supporting evidence, and submit the document to the Licensing Office of the Hong Kong Police Force. Compliance with this notification requirement keeps the official register current and helps maintain your licence in good standing.