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

Print Time:2024/11/22 07:39
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Chapter Law Content

Chapter I General Principles
Article 1
These Regulations are adopted under Article 97, paragraph 2 of the Futures Trading Act (the "Act").
Article 2
The financial reports of a futures clearing house shall be prepared in accordance with these Regulations and other applicable laws and regulations. Matters not provided for therein shall be governed by generally accepted accounting principles (GAAP).
The GAAP described in the preceding paragraph shall mean the following, as recognized by the Financial Supervisory Commission (FSC): International Financial Reporting Standards (IFRS), International Accounting Standards (IAS), and Interpretations developed by the International Financial Reporting Interpretations Committee (IFRIC) or the former Standing Interpretations Committee (SIC).
Article 3
A futures clearing house shall establish an accounting system based on the nature of its accounting matters, the actual conditions and development of its business, and its management needs.
The accounting system referred to in the preceding paragraph shall provide the following individual items, based on the nature of the futures clearing house's business operations, and in a way that meets the needs of preparing consolidated financial reports and uniformity in the accounting policies of the futures clearing house and its subsidiaries:
1.A general description of the accounting system.
2.A chart of journals and ledgers.
3.Accounting items, accounting documents, account books, and accounting reports.
4.Accounting procedures.
5.Other items required by the FSC.
The futures clearing house shall see to it that its subsidiaries establish their accounting systems in accordance with the preceding paragraph.
Article 4
The appointment and discharge of the in-charge accountant of a futures clearing house shall be approved by a majority of the directors present at a board of directors meeting attended by a majority of the directors, and shall be reported to the FSC for approval or recordation within 5 days after appointment or change.
Article 5
A futures clearing house shall use the calendar year as its financial year, with accounts closed on June 30 for the first half of the financial year and on December 31 for the whole financial year.
The accrual basis of accounting shall be used.
Accounts shall be expressed in New Taiwan Dollars (NT$).
The dollar amounts in the financial statements may be presented in thousands of NT dollars rounded to the nearest thousand.
Article 6
"Financial reports" shall mean financial statements, statements of major accounting items, and any other disclosures and explanatory information helpful to the decision making of users.
A complete set of financial statements shall comprise a balance sheet, a statement of comprehensive income, a statement of changes in equity, a statement of cash flows, and their accompanying notes or supplementary schedules.
A futures clearing house, unless newly established, or under any of the circumstances set out in paragraph 4 herein, or otherwise required by the FSC, shall prepare the major financial statements and notes described in the preceding paragraph by presenting comparative information for two consecutive periods. The major financial statements shall also be signed or sealed on each page by the futures clearing house's responsible person, managerial officer, and in-charge accountant.
When a futures clearing house applies an accounting policy retrospectively or makes a retrospective restatement of items in its financial statements, or when it reclassifies items in its financial statements, it shall do so in accordance with the relevant provisions of IAS 1.
Article 7
Financial reports shall be able to present fairly the financial position, financial performance, and cash flows of a futures clearing house without being misleading to an interested party in making judgments and decisions.
If a financial report violates these Regulations or any other applicable requirements, for which the FSC as a result of an audit gives a notice of adjustment, the futures clearing house shall make the required adjustment and correction. If the adjusted amount reaches the threshold set forth in Article 6 of the Securities and Exchange Act Enforcement Rules, the financial report shall be restated and submitted to the FSC.
Article 8
The following shall apply when a futures clearing house makes an accounting change:
1.Change in accounting policy:
A.When a futures clearing house changes an accounting policy voluntarily in a new financial year in order to produce financial reports that provide reliable and more relevant information about the effects of transactions or other events or conditions on the futures clearing house's financial position, financial performance, or cash flows, it shall request a certified public accountant (CPA) to provide an item-by-item analysis and review opinion on the reasonableness of the nature of the change in accounting policy, the reasons why applying the new accounting policy provides reliable and more relevant information, each line item affected and the estimated effect for the financial year preceding the earliest financial year affected by retrospective application of the new accounting policy, and the actual effect on the opening balance of retained earnings for the immediately preceding financial year. These shall be submitted as a proposal for adoption by resolution of the board of directors, after which they shall be submitted to the FSC for approval.
B.If, for the voluntary change in accounting policy in the new financial year, it is impracticable to determine either the period-specific effects or the cumulative effect of the change, as described in paragraph 23 of IAS 8, the futures clearing house shall calculate the effects in accordance with paragraph 24 of IAS 8 and the preceding item above, and shall request a CPA to provide an item-by-item analysis and review opinion on the reasonableness of the reasons why retrospective application is impracticable and how and from when the change in accounting policy has been applied, and also provide an opinion on the impact on the audit opinion for the earliest financial year affected by the change in accounting policy for which an application is submitted to the FSC for approval. The futures clearing house shall then follow the procedure described above.
C.Unless it is impracticable to determine the effects as described in the preceding item, then within 2 months after the beginning of the financial year in which the new accounting policy is adopted, the futures clearing house shall calculate the line items affected and the actual effects for the financial year preceding the earliest financial year affected by retrospective application of the new accounting policy and the actual effects on the opening balance of retained earnings for the immediately preceding financial year, and shall submit those for adoption by the board of directors, after which they shall be filed with the FSC for recordation. If the difference between the actual effects of the change in accounting policy and the effects originally filed with the FSC is NT$10 million or more, and is also 1 percent or more of net operating revenues for the immediately preceding financial year, or 5 percent or more of paid-in capital, the futures clearing house shall analyze the reasons for the difference and request a CPA to provide an opinion on its reasonableness. The analysis and the CPA's opinion shall also be filed with the FSC.
D.Except when applying a new accounting policy to newly purchased assets, in which case the provisions of the preceding items need not be applied, if a change in accounting policy is applied without having been duly filed for approval, the financial reports for the financial year in which the new accounting policy was applied shall be restated, and the new accounting policy may only be applied from the next financial year after a supplementary filing has been made and approved.
E.If the shares of the futures clearing house have a par value other than NT$10 per share, for the calculation of the 5 percent of paid-in capital under item C, 2.5 percent of the equity attributable to the owners of the parent as stated in the balance sheet shall be substituted.
2.With respect to any matter in accounting estimates relating to a change in the useful life or depreciation method of depreciable assets, a change in the amortization period or amortization method of intangible assets, or a change in the residual value of any such assets, in addition to complying with item D of the preceding subparagraph, a futures clearing house shall request a CPA to provide an analysis and review opinion on the reasonableness of the nature of the changes in accounting estimates and the reasons why the changes in accounting estimates would provide reliable and more relevant information. Those changes in accounting estimates shall then be submitted as a proposal for adoption by resolution of the board of directors, after which they shall be submitted to the FSC for approval.
Article 9
A futures clearing house shall prepare consolidated financial reports in accordance with Chapter II of these Regulations and IFRS 10, and shall prepare annual parent company only financial reports in accordance with Chapter IV of these Regulations.
A futures clearing house that does not have a subsidiary shall prepare individual financial reports in accordance with Chapter II of these Regulations, and when preparing annual individual financial reports shall also prepare statements of major accounting items in accordance with Article 25 of these Regulations.
A futures clearing house preparing interim financial reports shall follow the provisions of Chapters II and III of these Regulations as well as IAS 34 and when preparing semi-annual financial reports shall also prepare semi-annual parent company only financial reports pursuant to Articles 23 to 25, or semi-annual individual financial reports pursuant to Article 25.
Article 10
The meaning of "parent," "subsidiary," "associate," and joint arrangement, as used in these Regulations, shall be determined in accordance with IFRS 10, IFRS 11, and IAS 28.
The meaning of "control," "significant influence," or "joint control" as used in these Regulations shall be determined in accordance with IFRS 10, IFRS 11, and IAS 28.
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