These Regulations are formulated pursuant to the provisions of Article 9 Paragraph 2 of the Financial Holding Company Act.
If the circumstance, as described in Article 10 Paragraph 1 and either one of the subparagraphs set in Article 11 Paragraph 1 of the Fair Trade Act, is present in the establishment of a financial holding company, a merger notification should be submitted to the Fair Trade Commission in compliance with relevant provisions of the Fair Trade Act prior to the merger.
The provisions as described in the preceding Paragraph are not applicable under the circumstances as described in Article 12 of the Fair Trade Act.
Upon receiving the application for the establishment of a financial holding company, the Financial Supervisory Commission should advise the applicant to submit a merger notification with the Fair Trade Commission in the event that the provisions as described in the preceding Paragraph are applicable.
In reviewing a merger notification submitted in accordance with the provisions as described in Paragraph 1 of the preceding Article, the Fair Trade Commission may consult with and obtain the opinions of the Financial Supervisory Commission. The Financial Supervisory Commission should be informed in writing of any relevant resolutions or decisions made by the Fair Trade Commission on the said case.
In the event that the submitting of a merger notification with the Fair Trade Commission is required, pursuant to the provisions of Article 2 of these Regulations, the notifying merger parties must conform to the format set forth by the Fair Trade Commission, and all relevant required information shall be submitted with the merger notification.
When a business submits a merger notification, the Fair Trade Commission will not only conduct a review with reference to the factors listed in "Fair Trade Commission Guidelines on Handling Merger Filings", the following factors will also be taken into consideration:
1. The impact on the stability and the integrity of the financial markets.
2. The impact on the availability and convenience of financial services.
3. The impact on the innovation of financial services.
4. Policy made by the competent authority relevant to the financial industry.
These Regulations are effective on the date of promulgation.