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Title: Regulations Governing Futures Exchanges CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter I General Provisions
Article 1
These Regulations are prescribed in accordance with Paragraph 2 of Article 8, Article 14, Article 20, Article 43, and Article 97 of the Futures Trading Act (hereinafter referred to as "the Act").
Article 2
For the purpose of these Regulations, "Responsible Persons" of a futures exchange shall mean directors, supervisors, managerial officers and any other persons who shall be responsible in accordance with laws.
For the purpose of these Regulations, "Managerial Officers" shall mean president, senior vice president, vice president, and the head of each business department and his/her deputies.
Article 3
For the purpose of these Regulations, "Associated Persons" shall mean personnel of a futures exchange who are engaging in the following businesses:
1. research and design for the futures contract;
2. trading, surveillance, administration of margins and premiums in the centralized futures trading market;
3. operation related to the clearance and settlement of a futures clearing house;
4. the computerized operation and information management of a centralized futures trading market;
5. auditing of the finance and business of the members or futures commission merchants;
6. internal audit of this futures exchange.
The associated persons referred to in Item 2 of the preceding Paragraph shall not concurrently engage in different business. If a futures exchange also operates a futures clearing house, the associated persons of such futures exchange shall be subject to the same restriction.
Article 4
A futures exchange shall prescribe the minimum financial standard for its members or futures commission merchants, depending on the types of the business.
Article 5
A futures exchange may not start its operation to the public before it submits to the Financial Supervisory Commission (hereinafter referred to as "the FSC") for review and recordation the FSC-approved futures contracts, and other documents evidencing its capability in execution of trading, monitoring, clearing, and settlement.
Article 6
In case of any one of the following events, a futures exchange shall report to the FSC in advance for approval:
1. change of the name of the futures exchange;
2. change of the amount of authorized capital;
3. change of its business place;
4. engaging in other business or investing in another enterprise;
5. acquiring all or a substantial portion of business or property of another futures exchange; or transfer all or a substantial portion of its business or property to others;
6. merger or dissolution;
7. other events which shall be reported to the FSC in advance for approval as required by the Act or rules of the FSC.
Article 7
In case of any one of the following events, a futures exchange shall immediately report to the FSC for review and recordation:
1. the suspension, resumption, or cessation of business;
2. the execution, amendment, or termination of the contact for use of the centralized futures exchange market entered into between the members or futures commission merchants and the futures exchange;
3. events which shall be reported to the FSC in accordance with Article 39 of the Act;
4. entering into any cooperation agreement or memorandum with a foreign exchange, self-regulatory institution, or other institution;
5. other events which shall be reported to the FSC for review and recordation under the Act or other rules of the FSC.
Article 8
In case of any one of the following events, in addition to taking appropriate action immediately according to the circumstances of the matter, a futures exchange shall also immediately report to the FSC for recordation:
1. a temporary suspension of all or part of trading or convention of the centralized futures exchange resulting from the incidence caused by force majeure;
2. the break down or disruption of the trading system and trading information transmission system;
3. where a member or futures commission merchant delays depositing the margin or defaults on the obligation to deposit the margin;
4. where a responsible person or associated person of the futures exchange becomes involved in litigation, receives a judgment in litigation, or becomes subject to compulsory execution as an obligor, as a result of or in connection with his performance of job duties, or has any other incident which would cause him to be discharged from the position under the Act;
5. where any of its directors, supervisors, managerial officers, or associated persons falls within the categories specified in Article 28 of the Act;
6. punishment imposed on under Article 25 of the Act;
7. events which shall be reported to the FSC pursuant to Article 41 of the Act;
8. the surveillance and handling situation of the centralized futures trading market;
9. any civil litigation, non-litigious matters, administrative ruling, administrative litigation, commercial arbitration or settlement, which has substantial impact on its finance or business;
10. minutes of Board of Directors' meetings;
11. auditing of the financial and business matters of its members or futures commission merchants;
12. other events which shall be reported to the FSC under the Act or rules of the FSC.
The events specified in Items 1 to 3 of the preceding Paragraph shall be reported to the FSC no latter than one day after the event occurred; the events specified in Items 4 to 9 shall reported to the FSC within 5 days after it has knowledge of the occurrence of such event or after the procedure for handling it is completed; the events specified in Items 10 to 11 shall be reported to the FSC monthly regarding the enforcement result.