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

Print Time:2024/11/22 07:25
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Chapter Law Content

Chapter 3 Detailed Provisions – Operation and Management of Foreign Exchange Business
Section 1 Securities Related Business Involving Foreign Exchange
Subsection 4 Business of Accepting Orders to Trade Foreign Securities
Article 27
A securities enterprise that intends to accept orders to trade foreign securities for the first time shall apply to the Bank for approval by submitting documents provided in Article 7 herein, and in addition, a business plan (including operational principles and business practice, procedures of receipt/payment handling and operating process).
When a securities enterprise already approved by the Bank to accept orders to trade foreign securities with receipt/payment of settlement and fees in foreign currency intends to engage in receipt/payment in NTD, the securities enterprise shall apply to the Bank for approval with the following documents:
1. A photocopy of the Bank’s letter of approval for the securities enterprise to accept orders to trade foreign securities with receipt/payment of settlement and fees in foreign currency;
2. A photocopy of letter of approval from the FSC;
3. A statement supporting that the applicant’s computer system is able to meet the requirements set out in Article 28 herein regarding receipt/payment in different currencies; and
4. A description of the controls for receipt/payment of settlement and fees in different currencies. When A DSF that accepts orders to trade foreign securities with receipt/payment settled in foreign currency intends to keep the customer’s settlement funds in a segregated foreign currency account opened with the authorized bank (hereinafter referred to as "customer’s foreign currency account"), the DSF shall first apply to the Taiwan Stock Exchange (hereinafter referred to as “TWSE”) for approval and then report to the Bank for record by submitting a description of operations (including the operating process of receipt/payment handling and the foreign exchange settlement against NTD in the customer’s foreign currency account) one week before the date of commencement. The DSF shall forthwith inform the Bank when the customer’s foreign currency account is suspended or reinstated.
Article 28
A securities enterprise that accepts orders to trade foreign securities shall comply with the following rules with regard to receipt/payment of settlement and fees with customers:
1. When a customer designates the settlement to be made in a foreign currency, the related receipt/payment shall be made in the foreign currency; and
2. When a customer designates the settlement to be made in NTD, the related receipt/payment shall be made in NTD.
A DSF that keeps the customer’s settlement funds in the customer’s foreign currency account shall comply with the following rules regarding the scope of the customer’s foreign currency account, transfer or payment of funds, and declaration of the foreign exchange settlement against NTD:
1. Funds retained in the customer’s foreign currency account are limited to the settlement amount, fees and related distributable dividends and interest after executing the order to sell/buy foreign securities.
2. Funds deposited in the customer’s foreign currency account shall only be transfered through the following means:
(1) To be paid for the settlement amount in foreign currency in connection with the securities business with the DSF.
(2) To be transferred, in accordance with the customer's instructions, to the customer's personal subaccount of the DSF’s other custodial account set up according to the FSC’s relevant regulations, or to the customer's personal bank deposit account agreed upon in advance between the DSF and the customer.
3. A DSF handling the foreign exchange settlement against NTD or the conversion between foreign currencies shall comply with the provisions of Article 53 herein and assist the customer to declare the settlement in the name of the customer.
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