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Title: Regulations Governing Futures Clearing Houses CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter III Business
Article 20
A futures clearing house 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 clearing house 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 21
A futures clearing house shall pay attention to the financial, business and internal auditing situation of its clearing members, and shall prescribe auditing rules and report to the FSC for recordation. Upon discovery of any violation of laws/regulations or improper situation, a futures clearing house shall immediately handle it appropriately and inform the FSC and the Futures Exchange.
In the event that a futures clearing house discovers its clearing member's business operation is not sound and is experiencing a loss which caused its credit default, or experiencing emergency events, or has material failure of its internal auditing operation, it shall immediately conduct a special examination and provide guidance.
In the event that a clearing member cannot perform its obligation of clearing or settlement, a futures clearing house shall immediately conduct a special examination and supervise the assigned clearing member to take over its clearing and settlement matters.
The handling procedure and rules regarding the auditing and guidance referred to in the preceding Paragraph shall be drafted by the futures clearing house and futures exchange, and shall be reported to the FSC for approval. Any amendment to the said procedure and rules shall also be submitted to the FSC for approval.
Article 22
A futures clearing house shall establish and strictly implement the surveillance system.
Article 23
When implementing its market surveillance, a futures clearing house shall draft the standard for the influence on the order of the futures markets and report to the FSC for approval. The above requirements also apply to any amendment to the standard.
Article 24
A futures clearing house shall prescribe the order of application of funds and the proportional amounts to be borne under Paragraph 2 of Article 49 of the Act and shall draft the related handling procedure and report to the FSC for approval. Any amendments to the above rules shall also be reported to the FSC for approval.
Article 25
The business permission obtained by the futures clearing house in accordance with the Act and these Regulations shall not be used in any way as the object of any right.
Article 26
A futures clearing house shall establish a business committee and a discipline committee and at least one-third of the committee members shall be clearing members of the futures clearing house.
The organization and responsibility of the committees referred to in the preceding Paragraph shall be reported to the FSC for approval before commencing implementation.
Article 27
A futures clearing house shall enter into a futures clearing and settlement contract with its clearing members containing the following particulars:
1. the matters prescribed in Paragraph 2 of Article 49 and Article 54 of the Act;
2. the fee collection standard for futures clearance and settlement;
3. that any clearing member who violates any provisions of Paragraph 1 of Article 30 of the Act shall be punished with fines for breaching contracts, have its trading suspended or restricted, or have its clearing and settlement contract terminated;
4. that any futures clearing member who has been designated to wind up or settle the clearing and settlement matters for other members shall have the obligation to perform such agreement.
Article 28
The contract referred to in the preceding Article shall be terminated either pursuant to the provisions of the contract, or upon the dissolution, revocation of the business license, or cessation of business of either party to the contract.
Article 29
A clearing member has the obligation to wind up its trading in the centralized futures exchange when it terminates the contract in accordance with the preceding Article or was ordered to be suspended from trading.
Article 30
In case of any of the following acts by a clearing member, the futures clearing house shall impose upon the member a fine and may further warn, suspend or restrict such member's clearing and settlement in the said futures clearing house, or may expel the member should the offense be of a serious nature:
1. Any act in violation of laws and regulations, or any failure to comply with the administrative orders issued by the Competent Authority pursuant to laws and regulations;
2. Any act in violation of the Articles of Association, bylaws, standards for consignment contracts, or any other rules of the futures clearing house;
3. Any act of clearing or settlement in violation of the principles of integrity and good faith which may cause damage to others.
The expulsion of a member as referred to in the preceding Paragraph shall be reported to the Competent Authority for recordation.