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

Print Time:2024/11/22 11:53
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Chapter Law Content

Chapter 3 Business Operations
Article 24
Business items that may be operated by a short-term bills clearing and depository organization shall be approved by the competent authority within the scope specified below and specified on the permit license:
1. Custody of short-term bills in physical form;
2. Issuance and registration of short-term billsin dematerialized form;
3. Transaction settlement operations of short-term bills and book-entry transferthereof;
4. Pledges of short-term bills and book-entry transferthereof;
5. Notifications for the maturity of short-term bills and redemption;
6. Fund collection and payment for underwriting, first purchase, and redemption of short-term bills upon maturity.
7. Account statement and account settlement operations for the settlement of short-term bills;
8. Transmission and exchange of information for business transactions of participants;
9. Backup of the information systems of participants;
10. Consulting and plans for the automation of business operations of participants;
11. Other related businesses approved by the competent authority.
The short-term bills clearing and depository organization may, with the approval of the competent authority, commissiona bank to process operations in Subparagraph 1, Subparagraph 5, and Subparagraph 6 of the preceding paragraph and the collection and retention of related issuance and registration documents in Subparagraph 2.
Article 25
A short-term bills clearing and depository organization shall establish individual or consolidated operating regulations for the following matters and report to both the competent authority and the Central Bank for reference; the same procedure shall be required for amendments:
1. Business hours;
2. Opening and closing of accounts by participants;
3. Issuance and registration of short-term bills in dematerialized form;
4. Categories and operation methods for the custody of short-term bills in physical form;
5. Submission short-term bills in physical form for retention and retrieval of unredeemed bonds upon expiry;
6. Transaction settlement and pledge operations of short-term bills and book-entry transferthereof;
7. Account statement and account settlement operations for the settlement of short-term bills;
8. Notifications for the maturity of short-term bills and redemption;
9. Procedures for addressing damage, loss, or destruction of short-term bills in physical form;
10. Processing for addressing the transmission, processing, defects, or errors of the custody and settlement of short-term bills;
11. Backup plans including backup measures and response measures for cases where transmission, exchanges, or processing must be suspended;
12. Internal control system;
13. Other matters related to business operations.
Article 26
Unless otherwise specified in other regulations, a short-term bills clearing and depository organization shall set up an audit unit and appoint a chief auditor under the Board of Directors to implement independent audit operations and regularly report to the board of directors and supervisors.
Article 27
A short-term bills clearing and depository organization shall set up a committee to take charge of risk management in operations. At least two thirds of the members of the Committee shall consist of participants of the organization.
Article 28
A short-term bills clearing and depository organization shall establish clearing and settlement monitoring systems andrigorously implement the systems.
Article 29
A short-term bills clearing and depository organization establish fee standards for the custody, issuance and registration, account book transfer, and clearing transactions and report them to the competent authority for reference; the same procedure shall be required for amendments.
Article 30
A short-term bills clearing and depository organization shall regularly review and improve the confidentiality and security measures and report them to the competent authority for reference.
Article 31
A short-term bills clearing and depository organization shall maintain the normal operations of the custody, clearing, and settlement systems. Where transmission, exchanges, or processing must be suspended due to a legitimate reason, the short-term bills clearing and depository organization shall notify the participants, competent authority, Central Bank, or foreign currency settlement institution in advance and take response measures specified in Articles 25, Subparagraph 11 to address the issue as quickly as possible.
Article 32
Unless otherwise specified in other laws or regulations of the competent authority, a short-term bills clearing and depository organization shall ensure the confidentiality, accuracy, and security of the electronic data transmitted and exchanged by participants. Errors, damages, or losses shall be corrected and remedied.
The evidence of the transmission, exchange, correction, and remedies specified in the preceding paragraph shall be keptforat least five years.
Article 33
A short-term bills clearing and depository organizationshall produce records of the redemption of short-term bills in physical form.
The records in the preceding paragraph shall be keptfor at least five years.
Article 34
A short-term bills clearing and depository organization shall produce records of the entry and exit of short-term bills in physical form and the inventory balance. The records shall be stored for at least five years and the records from the end of the previous quarter shall be reported to the competent authority within ten days of the beginningof each quarter.
The preceding article and preceding paragraph shall apply mutatis mutandis to banks specified in Article 24, Paragraph 2.
Article 35
A short-term bills clearing and depository organization shall produce backup copies of the records of the issuance and registration of short-term bills in dematerialized form and store them in different locations.
The issuance and registration records in the preceding paragraph shall bekeptfor at least 5 years, except for unredeemed bills which shall be permanently kept
Article 36
Except with the approval of the competent authority, a short-term bills clearing and depository organization may not take any of the following actions; accountsettlement businesses with large fund transfers shall require the approval of the Central Bank:
1. Suspend business operations;
2. Accept all or parts of the operations or properties of another institution or transfer all or parts of its operations or properties;
3. Merger or dissolution;
4. Engage in other business activities or investment in other enterprises;
5. Other matters stipulated by the competent authority.
Article 37
Where any of the following conditions applies to a short-term bills clearing and depository organization, except for matters in Subparagraph 2, the short-term bills clearing and depository organization shall immediately notify the competent authority and issue a letter to report to the competent authority within ten days of the occurrence:
1. A participant's entry, withdrawal, or request for a change of the custody, clearing, and settlement of short-term bills;
2. A participant's overdue settlement or failure to complete settlement;
3. Other matters stipulated by the competent authority.
A short-term bills clearing and depository organization shall produce a clearing and settlement statistics table and report the table for the previous month to the competent authority before the tenth day of each month.
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