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Chapter Law Content

Title: Regulations Governing Futures Exchanges CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter II Management and Supervision
Section I Finance and Business
Article 9
A futures exchange shall deposit an operation bond with the National Treasury after it has obtained the approval from and registered with the FSC.
The amount of the said bond shall be NT$50,000,000 and such deposit shall be in cash, government bond or financial bond.
A futures exchange engaging in futures clearing business shall deposit an additional operation bond for its futures clearing house business pursuant to the Regulations Governing Futures Clearing Houses.
Article 10
A futures exchange shall draft its annual business plan and submit it to the FSC for ratification three months before the beginning of the next fiscal year, and shall draft an annual budget and submit it to the FSC for ratification two months before the beginning of the next fiscal year, and shall do the same for any amendments to the business plan and budget; it shall prepare a quarterly implementation report regarding the annual business plan and budget and file them with the FSC for recordation within 15 days after the end of each quarter.
A futures exchange shall operate in accordance with the annual business plan and budget ratified by the FSC, and submit the performance evaluation and assessment methods adopted for its departments and personnel, and any subsequent amendments thereto, to the FSC for ratification.
Article 11
A futures exchange shall establish and strictly implement the surveillance system of the centralized trading market.
Article 12
A futures exchange shall establish an audit system and set up an independent audit division.
Article 13
A futures exchange shall carefully inspect the operation of the finance, business, and internal audit of its members or futures commission merchants, and shall prescribe auditing rules and report to the FSC for recordation. Upon discovery of any violation of laws or improper acts, a futures exchange shall immediately handle such situation appropriately and inform the FSC and the futures clearing house.
In the event where a futures exchange discovers that the operation of its members or futures commission merchants are not sound and are experiencing a loss causing its loss of credit, or experiencing emergency events, or have material failure of its internal auditing operation, it shall immediately conduct a special examination and give them guidance.
In the event that any members or futures commission merchants cannot perform the obligation of clearance and settlement, a futures exchange shall immediately conduct a special examination and supervise the designated replacement members or futures commission merchants to take over the relevant matters.
The handling procedure and rules regarding the auditing and guidance referred to in the preceding Paragraph shall be drafted by the futures exchange in conjunction with the futures clearing house and reported to the FSC for approval. Any amendments to the said procedure and rules shall also be submitted to the FSC for approval.
Article 14
A futures exchange shall provide the following documents at its place of business for review and auditing by the FSC:
1. the format of the trading contract of the futures exchange and related documentary evidence reviewed and approved by the FSC.
2. related documents concerning the operation of futures trading, surveillance, and the margins and premiums.
3. the auditing report and other related documents of the futures exchange concerning the finance and operation of its members or of futures commission merchants.
Except as otherwise provided under the Commercial Accounting Law or other relevant laws, the period of safekeeping of the above referred documents shall be set by the futures exchange, and reported to the FSC for review and recordation.
Article 15
A futures exchange shall prepare and keep in designated locations the information regarding the content of the trading contracts and the finance and business of its members or futures commission merchants for public access.
The designated locations referred to in the preceding Paragraph are the head office of the futures exchange, the Chinese National Futures Association, the Securities and Futures Institute, and other institutions or groups designated by the FSC.
Article 16
A futures exchange shall announce and post in proper place the following information daily in the earliest possible time: name or code number of the matched contracts, volume, price, volume of unoffset, buyer's and seller's futures commission merchant code number, and other related materials.
Article 17
A futures exchange shall produce the futures trading record specifying the following items and publicly announce such information in the exchange on a daily basis:
1. name or code number of the contract;
2. opening price, highest price, lowest price, settled price or closing price; in case where a deal has the reported price but did not match, the final reported price shall be specified;
3. rise or fall of the price comparing to the last trading day;
4. the separate and aggregate amount of the volume and unoffset volume;
5. the related strike price of option contracts or futures option contracts;
6. other related trading information.
Article 18
A futures exchange shall immediately report any amendments to its Articles of Association or other bylaws to the FSC for review and recordation.
Article 19
A futures exchange shall produce daily report, monthly report, and annual report regarding the settled trading through the centralized futures trading market on the end of each day, month and year.
Article 20
Within two months after the end of the semi-annual fiscal year and three months after the end of the fiscal year, a futures exchange shall make a public announcement and report to the FSC its financial report, which shall be audited and certified by a certified public accountant, adopted by the Board of Director's resolution and acknowledged by the supervisors.
Where the annual financial report approved by the shareholders meeting or members meeting of a futures exchange is different from the one publicly announced and reported to the FSC, within two days of the occurrence of such event, it shall be publicly announced and reported to the FSC.
A futures exchange shall prepare an annual report for distribution of the shareholders meeting or members meeting and for reporting to the FSC.
A futures exchange shall, by the tenth day of each month, report to the FSC the monthly accounting summary, balance sheet, and statement of comprehensive income for the previous month.
A membership futures exchange may replace the statement of comprehensive income and the statement of changes in equity with the income and expenditure statement.
Article 21
A company type futures exchange shall allocate a special reserve from its after-tax earnings each year.
The annual allocation rate for the special reserve of the preceding paragraph may not exceed 80 percent, and shall be set by the FSC based on the exchange's profitability.
The special reserve as referred to in Paragraph 1 shall not be used except for making up losses of the company or purposes submitted to the FSC for approval.
Article 22
A futures exchange shall draft the procedure for acquiring or disposing its property and equipment and report same to the FSC for approval; any amendments to such procedure shall also be reported to the FSC for approval.
In case where the amount of each acquisition or disposition exceeds NT$50,000,000, or the trading amount with the same counterpart within one year has accumulated to NT$50,000,000 or more, a futures exchange shall act in accordance with the procedure as referred to in the preceding Paragraph.
Article 23
A futures exchange which acquires or disposes property and equipment in accordance with the preceding Article, shall report to the FSC the following items and relevant materials to the FSC and make a public announcement on the same within two days after the Board of Directors has adopted a resolution on such matter:
1. name and nature of the acquired or disposed asset;
2. location, size and the appraisal result of the real property by the professional appraiser;
3. trading counterpart; if the counterpart is the related person, their relationship;
4. owner, transaction price, and registration date of prior transfer;
5. price or estimated price for the current transaction;
6. condition of delivery or payment;
7. method for deciding this transaction (e.g. bidding, price comparison or negotiation);
8. where there is a broker, the broker who actually handled the transaction and the brokerage fee;
9. purpose or usage for the acquisition or disposition.
Article 24
The business permission obtained by the futures exchange in accordance with the Act and these Regulations shall not be used in any way as the object of any right.