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

Print Time:2024/12/05 03:28
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Chapter Law Content

Title: Regulations Governing Futures Trust Funds CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 1: General Principles
Article 1
These Regulations are adopted pursuant to Article 85, paragraph 2 of the Futures Trading Act.
Article 2
"Futures trust fund," as used in these Regulations, means the trust property under a futures trust deed, including the subscription prices obtained from an offering of beneficial certificates, accrued interest, and assets purchased with those monies.
When the value of futures contract trading exceeds a certain percentage of the net asset value of a mutual trust fund offered and issued by a trust enterprise, or a securities investment trust fund offered and issued by a securities investment trust enterprise, the enterprise shall make an application in accordance with the regulations of the competent authority to concurrently operate a futures trust enterprise.
Article 3
Other terms used in these Regulations are defined as follows:
1."Futures trust deed" means a trust deed signed between a futures trust enterprise as the settlor and a fund custodian as the trustee for purposes of regulating the mutual rights and obligations between the futures trust enterprise, the fund custodian, and the beneficial owners.
2."Fund custodian" means a trust company, or a bank that concurrently operates trust business, that on the basis of a trust relationship established pursuant to the Futures Trading Act serves as the trustee pursuant to a futures trust contract and handles the custody, disposition, and collections and payments of a futures trust fund according to the instructions of the futures trust enterprise, and conducts the business of fund custody in accordance with these Regulations and the futures trust contract.
3."Beneficial owner" means a person who, under the provisions of the futures trust deed, is entitled to benefit from the futures trust fund.
4."Beneficial certificates" means securities issued for purposes of offering a futures trust fund and serving to represent the rights enjoyed by the beneficial owners of the futures trust fund.
5."Futures contract" means one of the categories of futures trades publicly announced by the competent authority pursuant to Article 5 of the Futures Trading Act.
6."Futures-related spot instruments" means foreign or overseas spot instruments that are related to futures contracts and whose trading has been approved by the competent authority.
7."Securities" means securities as defined under Article 6 of the Securities and Exchange Act.
8."Business day" means a trading day on the futures or securities markets.
Article 4
Except where otherwise provided by the competent authority, a futures trust deed shall include each of the following:
1.The names and addresses of the futures trust enterprise and the fund custodian.
2.The name and the duration of the futures trust fund.
3.The rights, obligations, and legal liabilities of the futures trust enterprise.
4.The rights, obligations, and legal liabilities of the fund custodian.
5.The rights, obligations, and legal liabilities of the beneficial owners.
6.The basic policies and scope of utilization of the futures trust fund in regard to futures trading and investment in futures-related spot instruments.
7.Matters regarding distribution of gains from the futures trust fund.
8.Matters relating to redemption of beneficial certificates.
9.The fees to be borne by the futures trust fund.
10.The managerial or custodial fees of the futures trust enterprise and the fund custodian.
11.Calculation of the net asset value of the fund and net asset value per beneficial unit.
12.Matters relating to termination of the futures trust deed.
13.Reasons for convening beneficial owners meetings, quorum requirements, votes required for passage, and the means of resolving on a matter.
If a trust enterprise that concurrently operates a futures trust enterprise has received approval from the competent authority to keep custody of the futures trust fund assets and has an established trust supervisor, then the rights, obligations, and legal liabilities of the trust supervisor shall be set out pursuant to subparagraph 4 of the preceding paragraph.
A template for futures trust deeds shall be drafted by the Chinese National Futures Association ("the Futures Association") and submitted to the competent authority for approval. The same shall be true for any amendment to the template.
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