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

Print Time:2024/11/22 03:24
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Chapter Law Content

Title: Futures Trading Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter VI Supervision and Administration
Section I Supervision
Article 95
The Competent Authority shall adopt market surveillance regulations to protect the public interest and maintain market order.
Article 96
In the event of any of the following circumstances in the futures market or futures trading, the Competent Authority may issue orders to adjust the margin level, restrict the trading volume or open positions of futures traders, or adopt any other necessary measures. In extraordinary circumstances, the Competent Authority may order the complete or partial suspension of futures trading:
1. The futures market or futures trading is subject to manipulation or monopoly or the risk thereof.
2. Any measure taken by the Taiwan government or a foreign government is sufficient to affect the futures market, futures trading, or certain underlying assets of futures trading.
3. The foreign or domestic market fluctuates substantially due to natural disasters, war, civil commotion, or other force majeure events, which will severely impede the futures market, futures trading, or certain underlying assets of futures trading.
4. Other event which will severely affect the futures market order or harm the public interest.
Article 97
Futures exchanges, futures clearing houses, futures enterprises, and futures associations shall periodically prepare and file with the Competent Authority financial reports that have been audited and attested, or reviewed, by a certified public accountant, and shall preserve the trading and business records.
The rules regarding the preparation of the financial reports, filing procedures, particulars for public announcement, and record keeping referred to in the preceding paragraph shall be prescribed by the Competent Authority.
Article 97-1
Futures exchanges, futures clearing houses, and futures enterprises shall establish financial and operational internal control systems.
The Competent Authority may prescribe regulations governing the internal control systems of companies or institutions under the preceding paragraph.
Unless approved by the Competent Authority, a company or institution under paragraph 1 shall file a statement of internal control to the Competent Authority within three months after the close of each accounting year.
Article 98
To protect the public interest or maintain the market order, the Competent Authority may, from time to time, order a futures exchange, futures clearing house, futures enterprise, futures association or any related parties having financial or business dealings with the parties above to furnish financial or business report materials or examine their business, assets, accounting books, documents or other related articles. If there is found to be any material suspicion of a violation of laws or regulations, the Competent Authority may place under seal or require the production of relevant documents.
The scope of the related parties referred to in the preceding paragraph shall be prescribed by the Competent Authority.
Article 99
To maintain the public interest and market order, if there is a likelihood of any violation of this Act, the Competent Authority may request institutions, organizations, or individuals related to the futures trading to submit relevant account books or documents, or notify relevant personnel to appear at the office of the Competent Authority to give statements. The regulations governing the above shall be prescribed by the Competent Authority.
Persons being requested to appear under the preceding paragraph may retain attorneys-at-law, certified public accountants, or other persons who, under the law, can legally represent and defend them.
Article 100
If a futures exchange, futures clearing house, or futures enterprise violates this Act or any regulation issued pursuant to this Act, in addition to imposing penalties as set out herein, the Competent Authority may, depending upon the severity of the violation, additionally issue a reprimand or impose the following sanctions and, in addition thereto, order such violator to correct its conduct within a limited period of time:
1. Warning.
2. Remove its responsible persons or other related personnel.
3. Order suspension of its business in part or in whole for not more than six months.
4. Withdraw or revoke its business permission.
5. Other necessary measures.
Article 101
If a responsible person or employee of a futures exchange, futures clearing house, or futures enterprise violates this Act or any regulation issued pursuant to this Act, in addition to imposing penalties as set out herein, the Competent Authority may, depending on the seriousness of the violation, may order suspension of their execution of business for not more than six months or their removal from their position. In addition, the Competent Authority may impose upon the futures exchange, futures clearing house, or futures enterprise sanctions in accordance with the preceding Article.
After any of the personnel referred to in the preceding paragraph is removed from their position, the futures exchange, futures clearing house, or futures enterprise shall report the same to the Competent Authority.
Article 102
To protect the public interest, the Competent Authority may issue an order notifying a futures exchange, futures clearing house, or futures association to amend its articles of association, operating rules, brokerage contract regulations, or other rules or suspend, restrict, amend, or withdraw any resolution or disposition made by such exchange, clearing house, or association.
Article 103
The Competent Authority may appoint persons to a futures exchange or futures clearing house for supervisory purposes. The regulations governing supervision shall be prescribed by the Competent Authority.
Section II Administration
Article 104
The Competent Authority may restrict the futures trading volumes or open positions of futures traders.
A futures trader shall report its futures trading volumes and open positions. The scope, content, and procedures for such reporting shall be prescribed by the Competent Authority.
Article 105
It is prohibited for anyone to engage a person to conduct futures trading who has not been approved by the Competent Authority to operate a futures business.
Article 106
With regard to futures trading, it is prohibited to do any of the following with the intent to manipulate the price of futures:
1. Act independently or conspire with others to continuously inflate, maintain, or deflate the trading price of futures or related spot commodities.
2. Act independently or conspire with others to increase, maintain, or decrease positions in futures or the supply or demand of related spot commodities.
3. Act independently or conspire with others to disseminate or spread false information.
4. Any manipulative act that directly or indirectly influences the trading prices of futures or related spot commodities.
Article 107
The following persons directly or indirectly having access to information sufficient to materially affect futures trading prices shall not purchase or sell for their own account or in the name of another, or have others engage in trading of, any futures or related spot commodities that are related to such information prior to the public disclosure of the information or within 18 hours after its public disclosure:
1. Directors, supervisors, managerial officers, employees, or mandataries of a futures exchange, futures clearing house, futures enterprise, futures association, securities exchange, over-the-counter securities exchange, or securities dealers association.
2. Public officials, employees, or mandataries of the Competent Authority or the competent authorities of other related businesses.
3. Any person who has learned the information because of an occupational or controlling relationship.
4. Directors, supervisors, managerial officers, employees, mandataries, or shareholders with a shareholding of 10 percent or more, of the issuer of the underlying securities of single stock futures contracts or single stock option contracts.
5. Directors, supervisors, managerial officers, or employees of the mandataries referred to in subparagraphs 1, 2, and 4.
6. A person who, though no longer among those listed in the preceding five subparagraphs, has only lost such status within the last six months.
7. Any person who has been informed of the information by any of the persons listed in the preceding six subparagraphs.
The preceding paragraph shall apply mutatis mutandis to the representatives of the directors and supervisors.
Article 108
Any person involved in futures trading shall not engage in bucketing, misrepresentation, fraud, concealment, or other conduct sufficient to mislead futures traders or third parties.
The term "bucketing" in the preceding paragraph means any of the following:
1. Off-market offsetting.
2. Cross-trading.
3. Taking the opposite side of a customer's order.
4. Accommodation trading.
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