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

Print Time:2024/11/22 07:44
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Chapter Law Content

Title: Financial Consumer Protection Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 3-1 Penalties
Article 30-1
If a financial services enterprise commits any of the following acts, the competent authority shall impose a fine of not less than Three Hundred Thousand New Taiwan Dollars (NT$ 300,000) but not more than Ten Million New Taiwan Dollars (NT$10,000,000):
1.Violation of Paragraph 2, Article 8 regarding method and content of advertising, business solicitation, and sales promotional activities.
2.Violation of Paragraph 1, Article 9 regarding the requirement to fully understand consumer-related information and ensuring the suitability of consumers or violation of Paragraph 2 of the same article regarding what matters suitability should take into account.
3.Violation of Paragraph 1, Article 10 by not fully explaining the main contents of financial products, services, and contracts or failing to fully disclose risk, or violation of Paragraph 3 of the same article regarding explaining and disclosing using a method and contents that can be fully understood by the consumer.
4.Violation of Article 11-1 by not formulating a remuneration system or failing to formulate such a system according to the principles stipulated by the competent authority.
When a financial services enterprise assists a natural person or juristic person that does not meet the conditions of Paragraph 2, Article 4 to fraudulently appear to meet the conditions, it will be subject to a fine of not less than Ten Million New Taiwan Dollars (NT$ 10,000,000) but not more than Fifty Million New Taiwan Dollars(NT$ 50,000,000).
If a financial services enterprise commits any act in the preceding two paragraphs, when the offense is deemed severe, the competent authority may increase the fine to the extent appropriate within the scope of the benefit gained, regardless of the limitation of the maximum fine set by the preceding two paragraphs.
Article 30-2
If a financial services enterprise commits any of the following acts, the competent authority shall impose a fine not less than Three Hundred Thousand New Taiwan Dollars (NT$ 300,000) and not more than Three Million New Taiwan Dollars (NT$3,000,000):
1.Violation of Paragraph 1 of Article 11-1, or Paragraph 3 of Article 11-2, by failing to have a remuneration system for sales personnel approved by the board of directors or not obtaining the agreement of the person in charge in the case of the Taiwan branch of an overseas financial services enterprise.
2.Violation of Paragraph 1 or 3 of Article 11-2 by failing, with respect to the initial sale of complex, high-risk products, to gain the approval of the board of directors or executive board of directors or gain the agreement of the person in charge of a branch unit of a foreign financial services enterprises in Taiwan.
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