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

Print Time:2024/11/24 06:40
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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 VIII Penal Provisions
Article 112
A person who violates Article 106, Article 107, or paragraph 1 of Article 108 shall be punished with imprisonment for not less than 3 years but not more than 10 years, and in addition thereto may be fined a criminal fine of not less than NT$10 million but not more than NT$200 million.
A person who commits an offense as set out in the preceding paragraph and subsequently voluntarily surrenders to the authorities, if they voluntarily hand over the proceeds of crime in full, shall have their punishment reduced or remitted; and their punishment shall be remitted if another principal offender or an accomplice is captured as a result.
A person who commits an offense as set out in paragraph 1 and confesses during the prosecutorial inquiry, if they voluntarily hand over the proceeds of crime in full, shall have their punishment reduced; and their punishment shall be reduced by one-half if another principal offender or an accomplice is captured as a result.
When the interest in property or assets gained by a person through the commission of an offense in paragraph 1 exceeds the maximum amount of the criminal fine, the fine may be increased within the scope of the interest gained.
A person shall be punished with imprisonment for a period not exceeding seven years and, in addition thereto, may be fined a criminal fine of not more than NT$3 million for any of the following offenses:
1. Without permission, engaging in the operation of a futures exchange or any related business of a futures exchange.
2. Without permission, engaging in the operation of a futures clearing house.
3. Violation of the provisions of paragraph 1 of Article 56.
4. Without permission, engaging in the business of a leverage transaction merchant.
5. Without permission, engaging in the business of a futures trust enterprise, managed futures enterprise, futures advisory enterprise or any other related futures service enterprises.
6. Violation of the provision of paragraph 1 of Article 84 by any futures trust enterprise in raising a futures trust fund.
Article 112-1
A person who endangers, through the employment of theft, damage, or other illegal means, the normal operation of equipment functions of a core information and communication system of a futures exchange or a futures clearing house shall be sentenced to imprisonment for not less than one year and not more than seven years. In addition, a criminal fine of not more than NT$10 million may be imposed.
A person who intends to endanger national security or social stability and commits an offense under the preceding paragraph shall be sentenced to imprisonment for not less than three years and not more than ten years. In addition, a criminal fine of not more than NT$50 million may be imposed.
If an offense under either of the preceding two paragraphs seriously affects the futures market order, the punishment shall be increased by one-half.
An attempt to commit an offense specified in paragraph 1 or paragraph 2 is punishable.
Article 112-2
A person who endangers the normal operation of equipment functions of a core information and communication system of a futures exchange or a futures clearing house by any of the following means shall be sentenced to imprisonment for not less than one year and not more than seven years. In addition, a criminal fine of not more than NT$10 million may be imposed:
1. Without cause, gains access to its computer or related equipment by entering its account password, cracking the protective measures for using the computer, or exploiting any vulnerability of the computer system.
2. Without cause, interferes, through the use of computer programs or other electromagnetic methods, with its computer or related equipment.
3. Without cause, obtains, deletes, or alters any magnetic record of its computer or related equipment.
A person who makes computer programs specifically for himself or another to commit any offense specified in the preceding paragraph is also subject to the penalty provisions thereof.
A person who intends to endanger national security or social stability and commits any offense under the preceding two paragraphs shall be sentenced to imprisonment for not less than three years and not more than ten years. In addition, a criminal fine of not more than NT$50 million may be imposed.
If an offense under any of the preceding three paragraphs seriously affects the futures market order, the punishment shall be increased by one-half.
An attempt to commit an offense specified in paragraph 1 to paragraph 3 is punishable.
Article 113
Any director, supervisor, managerial officer, mandatary, or employee of a futures exchange, futures clearing house, or futures trust enterprise who demands, agrees to accept, or receives any illegitimate profit in connection with the performance of their duty shall be punished with imprisonment for a period not exceeding five years, short-term imprisonment, or in addition thereto a criminal fine of not more than NT$2.4 million.
Any person referred to in the preceding paragraph who demands, agrees to accept, or receives any illegitimate profits for actions in contravention of their duty, shall be punished with imprisonment for a period not exceeding seven years, short-term imprisonment, and/or a criminal fine of not more than NT$3 million.
Article 114
Any person who offers, promises, or delivers illegitimate profit to any person who acts in contradiction to their duty as specified in the preceding Article shall be punished with imprisonment for a period not exceeding three years, short-term imprisonment, and/or a criminal fine not exceeding NT$2 million.
The punishment of the offense specified in the preceding paragraph may be pardoned if the offender voluntarily surrenders himself to the law enforcement authorities.
Article 115
A person shall be punished with imprisonment for a period not exceeding three years, short-term imprisonment, and/or a criminal fine of not more than NT$2.4 million for any of the following offenses:
1. Concealment or misrepresentation in the contents of the application materials required under paragraph 1 of Article 8, paragraph 1 of Article 45, paragraphs 2 to 4 of Article 56, paragraphs 2 and 3 of Article 80, paragraphs 1 and 2 of Article 82, and paragraph 1 of Article 84.
2. Violation of the provisions of Article 71.
3. Violation by a leverage transaction merchant of Article 71 as applied mutatis mutandis under Article 81.
4. Making false statements in the accounting books, documents or other related articles or reporting materials required to be produced under an order from the Competent Authority issued pursuant to Article 98.
5. Making false statements in the accounting books, documentary evidence, financial reports or any other business documents filed by any futures exchange, futures clearing house, futures enterprise, or futures association as required by law or by an order issued by the Competent Authority under the law.
Article 116
A person shall be punished with imprisonment for a period not exceeding three years, short-term imprisonment, and/or a criminal fine of not more than NT$2.4 million for any of the following offenses:
1. Violation of paragraph 2 of Article 13, unless the provider does not know that it is illegally operating a futures exchange or futures exchange business.
2. Violation of Article 63.
3. Violation of Article 63 as applied mutatis mutandis under Article 81 by a responsible person, associated person, or any other employees of a leverage transaction merchant.
4. Violation of Article 63 as applied mutatis mutandis under Article 88 by a responsible person, associated person or any other employees of a futures service enterprise.
Article 117
A person shall be punished with imprisonment for a period not exceeding one year, short-term imprisonment, and/or a criminal fine of not more than NT$1.8 million for any of the following offenses:
1. Violation of the provisions of Article 12, Article 19, or Article 29.
2. Violation of Article 19 or 29 as applied mutatis mutandis under Article 55 by a futures clearing house.
Article 118
If a representative, agent, associated person or any other employee of a juristic person commits any of the following offenses in connection with the execution of business, in addition to the punishment imposed on the person in violation of the law pursuant to Article 116 and Article 117, the criminal fines under each applicable Article shall also be imposed on the juristic person:
1. Violation of the provisions of Article 19, Article 29, or Article 63.
2. Violation of the provisions of Article 19 or 29 as applied mutatis mutandis under Article 55.
3. Violation of the provisions of Article 63 as applied mutatis mutandis under Article 81 or 88.
Before a crime referred to in the preceding paragraph has been discovered, if the juristic person, on its own accord, files a complaint or reports the crime, the punishment hereunder may be reduced or remitted.
Article 119
A person shall be punished with an administrative fine of not less than NT$120,000 but not more than NT$2.4 million for committing any of the following violations, and furthermore may additionally be ordered to correct the violation within a limited period of time; if the violation is not corrected within that time, penalties may be opposed for each instance of violation:
1. Violation of the provisions of Article 5, paragraph 1 of Article 10, Article 18, the forepart of paragraph 2 of Article 45, paragraph 4 of Article 56, paragraph 1 of Article 57, Article 64, paragraph 1 of Article 65, paragraph 1 of Article 66, Article 67, paragraph 1 of Article 70, paragraph 1 of Article 72, Article 73, Article 74, paragraph 1 of Article 78, paragraph 3 of Article 80, paragraph 2 of Article 82, the forepart of paragraph 2 of Article 84, paragraph 1 of Article 85, paragraph 1 of Article 87, paragraph 1 or paragraph 3 of Article 97-1, paragraph 2 of Article 104, or Article 105 of this Act.
2. Violation of an order issued pursuant to the provisions of paragraph 2 of Article 8, the latter part of paragraph 2 of Article 45, paragraph 5 of Article 56, paragraph 4 of Article 80, paragraph 3 of Article 82, paragraph 2 of Article 85, or Article 93 of this Act.
3. Failure to perform central clearing at a futures clearing house designated by the Competent Authority as required by the provisions of the Competent Authority, in violation of the proviso to paragraph 2 of Article 3, or a futures clearing house violating the provision of Article 18 as applied mutatis mutandis under Article 55 of this Act.
4. A futures commission merchant violating the provisions of Article 18 as applied mutatis mutandis under Article 79 of this Act.
5. A leverage transaction merchant violating the provisions, as applied mutatis mutandis under Article 81, of Article 18, paragraph 1 of Article 57, Article 64, paragraph 1 of Article 65, paragraph 1 of Article 66, Article 67, paragraph 1 of Article 70, paragraph 1 of Article 72, Article 73 and Article 74, or paragraph 1 of Article 78 of this Act.
6. A futures service enterprise violating the provisions, as applied mutatis mutandis under Article 88, of Article 18, paragraph 1 of Article 57, Article 64, paragraph 1 of Article 65, paragraph 1 of Article 66, or Article 74 of this Act.
7. Failure to furnish accounting books, documentary evidence or other related articles or reporting materials within the period specified in an order issued by the Competent Authority, or any evasion, obstruction, or refusal of the inspection initiated by the Competent Authority pursuant to the provisions of paragraph 1 of Article 98.
8. Failure on the part of a futures exchange, futures clearing house, futures enterprise, or futures association to prepare, file, publicly announce, maintain, or keep accounts, documentary evidence, financial reports or other relevant business documents according to law or as required by an order issued by the Competent Authority.
9. Evasion, obstruction, or refusal of an investigation initiated by the Competent Authority pursuant to paragraph 1 of Article 99, or refusal to provide related documents, or refusal without good cause to appear after receiving notice to appear at the office of the Competent Authority for examination.
The penalty for an act punishable by an administrative fine under the preceding paragraph may be remitted if the circumstances of the act are trivial and it is deemed appropriate not to impose punishment.
Article 120
If any person refuses to pay an administrative fine imposed under this Act within the required time, the case shall be referred to the courts for compulsory execution.
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