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

Print Time:2024/11/22 07:28
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Chapter Law Content

Chapter I General principles
Article 1
These Standards are adopted pursuant to Article 6, paragraph 3, Article 66, paragraphs 1 and 3, Article 67, paragraph 2, Article 72, paragraph 1, Article 74, paragraph 2, and Article 75 paragraph 2 of the Securities Investment Trust and Consulting Act ("the SITC Act").
Article 2
Each line of business that a securities investment trust enterprise ("SITE") may operate is subject to a separate approval by the Financial Supervisory Commission, Executive Yuan (FSC) pursuant to the SITC Act, and, once approved, shall be specified on its business license; no SITE may operate a line of business that has not been approved and specified on its business license.
A SITE applying to operate discretionary investment business under Article 3, paragraph 3, subparagraph 2 of the SITC Act shall do so in compliance with the Regulations Governing the Conduct of Discretionary Investment Business by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises.
A trust enterprise intending to establish, in accordance with Article 8, paragraph 2 of the Trust Enterprise Act, a collective trust fund for investment in the securities under Article 6 of the Securities and Exchange Act, shall apply to concurrently operate securities investment trust business if the condition specified in Article 15 is fulfilled.
A futures trust enterprise intending to offer a futures trust fund for investment in the securities under Article 6 of the Securities and Exchange Act shall apply to concurrently operate securities investment trust business if the condition specified in Article 29 is fulfilled.
An enterprise in another line of business that concurrently operates securities investment trust business shall do so in accordance with the provisions of Chapter III. A trust enterprise that concurrently operates such business shall, except as otherwise provided in the Trust Enterprise Act, also do so in accordance with the provisions of Chapter III.
Article 3
No person under any of the following circumstances may serve as a promoter of a SITE:
1.Has previously, by a final and unappealable judgment, been convicted of a crime under the Organized Crime Prevention Act, and has not completed serving the sentence, or five years have not elapsed since completion of the sentence, expiration of suspended sentence, or pardon.
2.Has previously, by a final and unappealable judgment, received a sentence of imprisonment for one year or more for fraud, breach of trust, or misappropriation, and has not completed serving the sentence, or two years have not elapsed since completion of the term of sentence, expiration of suspended sentence, or pardon.
3.Has previously, by a final and unappealable judgment, received a sentence of imprisonment or greater severity for misappropriation related to public function or occupation and has not completed serving the sentence, or two years have not elapsed since completion of the sentence, expiration of the suspended sentence, or pardon.
4.Has previously, by a final and unappealable judgment, been convicted of a crime under the Securities and Exchange Act or this Act, and has not completed serving the sentence, or 3 years have not elapsed since completion of the sentence, expiration of suspended sentence, or pardon.
5.Has previously, by a final and unappealable judgment, received a sentence of imprisonment or greater severity for accepting deposits, managing trust funds or public properties, or handling domestic or foreign remittances in violation of Article 29, paragraph 1, of the Banking Act and has not completed the sentence, or 3 years have not elapsed since completion of the sentence, expiration of suspended sentence, or pardon.
6.Has previously, by a final and unappealable judgment, received a sentence of imprisonment or greater severity for engaging in trust business in violation of Article 33 of the Trust Enterprise Act and has not completed serving the sentence, or 3 years have not elapsed since completion of the sentence, expiration of suspended sentence, or pardon.
7.Has been adjudicated bankrupt and his or her rights have not been reinstated, or previously served as a director, supervisor, managerial officer, or in another equivalent position of a juristic person when such juristic person was adjudicated bankrupt, and either 3 years have not elapsed since the bankruptcy was concluded, or the terms of bankruptcy settlement have not been fulfilled.
8.Has been blacklisted after dishonoring of a negotiable instrument, and remains blacklisted.
9.Has no legal capacity to act, limited legal capacity to act, or has been declared by a court to be placed under assistance, where such declaration has not yet been voided.
10.Has been sanctioned under Article 56, or subparagraph 2 of Article 66 of the Securities and Exchange Act, or sanctioned by dismissal from duties under subparagraph 2 of Article 103, or Article 104, of the SITC Act, and 3 years have not elapsed since such sanction.
11.Has previously served as a director or supervisor of a securities firm, SITE, or securities investment consulting enterprise ("SICE"), and during the term of such position, such enterprise was sanctioned under subparagraph 3 or 4 of Article 66 of the Securities and Exchange Act, or was sanctioned by suspension of business or revocation of its business permission under subparagraph 4 or 5 of Article 103 of the SITC Act, and one year has not elapsed since such sanction.
12.Has been subject to removal or dismissal from duties under Article 100, paragraph 1, subparagraph 2, or Article 101, paragraph 1 of the Futures Trading Act, and five years have not elapsed since such sanction.
13.It has been discovered that the person has allowed the use of his or her own name by others for the purpose of acting as a promoter, director, supervisor, managerial officer, or associated person of a SITE or SICE.
14.There is factual evidence that the person has engaged in or been involved in other dishonest or improper activities, showing him or her to be unsuitable for engaging in securities investment trust or securities investment consulting business.
In the case of a juristic-person promoter, the provisions of the preceding paragraph shall apply mutatis mutandis with respect to the exercise of duties by its representative or designated representative.
Article 4
No director, supervisor, or a shareholder holding 5 percent or more of the total issued shares of a SITE may concurrently serve as a promoter of another SITE.
No person who has a relationship of affiliated enterprise as defined in Chapter VI-I of the Company Act with respect to a director, supervisor, or shareholder holding 5 percent or more of the total issued shares, of a SITE may serve as a promoter of another SITE.
The calculation of the shareholding of a shareholder holding 5 percent or more of the total number of issued shares under the preceding two paragraphs shall include shares held by the shareholder's spouse and minor children and shares held through nominees.
Article 5
No promoter of a SITE may, within one year from the date of the company's incorporation, concurrently serve as a promoter of another SITE.
No person who has served as a promoter of a SITE by virtue of the qualifications in Article 8 may, within 3 years from the date the FSC issued a business license to that SITE, serve as a promoter of another SITE.
Article 6
Any document required by these Standards that is in a foreign language shall be accompanied by a Chinese-language translation, with the exception of an annual report, financial report, or prospectus.
Any document furnished by a foreign national, with the exception of written statements or photocopies of passports, shall have been legalized by an overseas ROC representative office, or certified by a court or government agency, or legalized by a statutory notary agency, in the home country of the foreign national.
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