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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Futures Market Surveillance Regulations CH
Amended Date: 2022-08-23
Category: Financial Supervisory Commission(金融監督管理委員會)
Article 1
These Regulations are prescribed in accordance with Article 95 of the Futures Trading Act (the "Act").
Article 2
Surveillance of the futures market is conducted for purposes of detecting any condition adverse to the market or illegal act in order to timely take proper measures to protect public interest and maintain the order of the market.
Article 3
The scope of surveillance of the futures market shall include:
1. futures trading contract prices and the prices of relevant underlyings of futures trading contracts (including the prices of contracts in different delivery months, of the same or related contracts in different trading markets, and of the underlying spot commodities of futures trading contracts) and changes therein;
2. futures trading contract trading volume, open interest, and changes therein;
3. futures trading contract trading volume, open interest, position concentration, and changes therein, of futures traders, futures enterprises, and clearing members;
4. supply and demand in connection with physical delivery of futures trading contracts;
5. untrue information and rumors in the futures market;
6. the financial and business conditions of futures enterprises and clearing members;
7. illegal activities directly or indirectly affecting futures trading or relevant spot transactions; and
8. other elements which may affect the order of the market or damage the public interest.
Article 4
To conduct surveillance of different trading markets, the futures exchange and futures clearing houses may enter into cooperation contracts regarding exchange of market information, technical cooperation, assistance in investigation, etc., with domestic or foreign relevant exchanges and institutions.
The signing or amendment of the contracts referred to in the preceding paragraph shall be reported to the competent authority for approval.
Before exchanging market information with domestic or foreign exchanges or institutions or assisting in investigation referred to in the preceding paragraph, the futures exchange or futures clearing house shall report to the competent authority for approval.
Article 5
The futures exchange and futures clearing houses shall prescribe rules for surveillance of the market and report the same to the competent authority for approval. This provision also applies when the said rules are amended.
Article 6
The futures exchange and futures clearing houses shall set up a unit to execute market surveillance. The personnel executing the surveillance operation shall be employed on a full-time basis.
Article 7
When executing market surveillance operation, if the futures exchange or futures clearing house discover any abnormal matters, in addition to taking necessary measures, they shall immediately collect relevant data for analysis, investigation, and preparation of a surveillance report. The event shall be reported to the competent authority within five (5) days after occurrence.
Upon executing market surveillance operations, if the futures exchange or futures clearing house discovers any illegality or offense, they shall directly inform the judicial agency and report to the competent authority for recordation.
The futures exchange and futures clearing houses shall periodically hold surveillance/supervision meetings and compile analysis/review reports on the execution of market surveillance on monthly basis and report the same to the competent authority by the tenth day of each month.
Article 8
In the event that the competent authority discovers any situation described in Article 96 of the Act from the surveillance report referred to in the preceding article, it may order adjustment of the amount of margin, restrict the trade volume or carrying position of futures traders, or take other necessary measures according to the Act. Under special circumstance, it may suspend part or the whole futures trading.
In the event that the futures exchange or a futures clearing house, futures enterprise, or responsible person or employee thereof violates the measures referred to in the preceding paragraph, the competent authority may impose punishment according to Article 100 and Article 101 of the Act.
Article 9
Information related to futures market surveillance shall be kept confidential. However, it is subject to necessary investigation of the judicial agency or relevant institutions according to law.
Article 10
These Regulations shall become effective on the date of promulgation.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)