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

Print Time:2024/11/22 15:38
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Chapter Law Content

Chapter 3 Business Management
Article 12
When a foreign migrant worker remittance company provides the foreign migrant workers remittance services, the value of each remittance by a foreign migrant worker may not exceed NT$30,000 or its equivalent; the cumulative monthly remittance amount may not exceed NT$50,000 or its equivalent; and the cumulative annual remittance amount may not exceed NT$400,000.
Article 13
A foreign migrant worker remittance company shall declare trust in full or obtain full guarantee from a bank for the remittance payment funds collected from foreign migrant workers when providing the foreign migrant workers remittance services.
The foreign migrant worker remittance company shall open an NTD and foreign currency dedicated deposit account exclusively for foreign migrant workers remittance services in a bank. The sources of funds for the NTD dedicated deposit account shall be limited to the remittances collected in the foreign migrant workers remittance services; the sources of funds for the foreign currency deposit account shall be limited to the foreign exchange purchased with funds in the NTD deposit account.
The regulations in the preceding two paragraphs shall apply mutatis mutandis to electronic payment institutions that concurrently engage in foreign migrant workers remittance services.
Article 14
A foreign migrant worker remittance institution shall establish mechanisms for verifying the identity of foreign migrant workers, monitoring transactions, and continuous reviews in accordance with these Regulations when engaging in the foreign migrant workers remittance services.
A foreign migrant worker remittance institution shall verify the identity of foreign migrant workers when they register the accounts and retain the information obtained from the identity verification procedures. When the foreign migrant worker engages in exchange transactions, the said institution shall also implement transaction related control which includes verifying the recipient and monitoring transaction patterns.
The foreign migrant worker remittance institution shall review the watch-list of foreign migrant workers who are not be located when foreign migrant workers register for services conduct monthly review after registration.
The retention period for data obtained in the foreign migrant worker identity verification process referred to in Paragraph 2 shall be at least five years after the termination of the business relationship.
The institution shall request at least the following identity information when conducting the foreign migrant worker identity verification process and verify its authenticity:
1. Name, date of birth, and nationality.
2. The alien residence certificate.
3. Mobile phone number.
The foreign migrant worker remittance institution shall retain the records of foreign migrant workers remittance transactions for at least five years after the termination or completion of transaction.
When providing the foreign migrant workers remittance services, the foreign migrant worker remittance institution shall keep remittances related information confidential, except as otherwise provided by law or other regulations stipulated by the competent authority.
Article 15
A foreign migrant worker remittance company shall apply for approval to the competent authority for any of the following matters:
1. Outsourcing operations to others.
2. Changes in matters registered on the business permission certificate.
3. Changes in proposed offshore partner remittance institutions.
4. Other matters that require approval as stipulated by the competent authority.
A foreign migrant worker remittance company shall meet the following requirements when applying for approval in accordance with Subparagraph 1 of the preceding paragraph:
1. Ensure that the outsourced service providers meet requirements in these Regulations.
2. Require the outsourced service providers to comply with the mandatory or prohibitory provisions of laws.
3. Require the outsourced service providers to agree to give the competent authority and the Central Bank access to data or reports relating to the outsourced operation and allow them to conduct financial examinations.
4. The company issuer shall be held jointly liable as provided by law for foreign migrant workers whose interests are damaged by the intentional act or negligence of an outsourced service provider or its employees.
Where an electronic payment institution concurrently provides foreign migrant workers remittance services, it shall file any change specified in Subparagraph 3, Paragraph 1 to the competent authority for reference within five business days since the date of the change.
Article 16
When providing the foreign migrant workers remittance services, the foreign migrant worker remittance company shall disclose the following important information when a foreign migrant worker registers and conducts remittance transactions:
1. Name and contact information of the foreign migrant worker remittance company.
2. Business permission certificate number and validity period.
3. Exchange rate and the referred published exchange rate of the bank.
4. The name of the financial institution where the company declare trust in full or obtains full guarantee in accordance with Article 13.
5. Other matters that shall be disclosed as required by the competent authority.
The regulations in Subparagraph 3 and 4 of the preceding paragraph shall apply mutatis mutandis to electronic payment institutions that concurrently engage in foreign migrant workers remittance services.
Article 17
A foreign migrant worker remittance company that concurrently provides foreign migrant workers remittance services shall have an independent accounting system and shall assign dedicated personnel to implement the identity verification, customer services, and anti-money laundering and counter terrorism financing procedures when providing the foreign migrant workers remittance services.
The foreign migrant worker remittance company shall, within six months after the end of each fiscal year, prepare a business and financial report for the foreign migrant workers remittance services. The report shall be submitted to the competent authority for reference after it is passed by the Board of Directors.
The scope of the financial report specified in the preceding paragraph is as follows:
1. Balance sheet;
2. Income statement;
3. Statements of changes in shareholders' equity;
4. Cash flow statement;
5. Other statements required by the competent authority.
Article 18
A Foreign migrant worker remittance institution shall file business related information in accordance with the regulations to the competent authority and the Central Bank.
Where a non-bank foreign migrant worker remittance institution processes matters related to the declaration of foreign exchange receipts and disbursements or transactions while engaging in foreign migrant workers remittance services, it shall submit an application in its own name along with supporting documents such as the business permission certificate or consent for reference letter issued by the competent authority to a bank for filing the declaration of foreign exchange settlement in accordance with the Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions.
Article 19
The competent authority may at any time dispatch officers or appoint a suitable agency to examine the business, finance or other relevant businesses of a foreign migrant worker remittance institution, or order the foreign migrant worker remittance institution to submit a financial report, inventory of property, or other relevant information and reports within a specified period.
If deemed necessary, the competent authority may designate or request the foreign migrant worker remittance institution to appoint professional experts or technical personnel to inspect the operations, reports or information subject to examination according to the preceding paragraph, and submit an inspection report to the competent authority. The expenses thus incurred shall be borne by the institution being inspected.
Article 20
A foreign migrant worker remittance institution shall comply with the Regulations Governing Anti-Money Laundering of Financial Institutions and Regulations Governing Internal Audit and Internal Control System of Anti-Money Laundering and Countering Terrorism Financing of Banking Business and Other Financial Institutions Designated by the Financial Supervisory Commission when providing foreign migrant workers remittance services.
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