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

Print Time:2024/11/22 08:40
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Chapter Law Content

Chapter III Supervision and Management
Section I Finance and Business
Article 17
Upon FSC approval for operation of futures introducing broker business, a securities firm shall, after carrying out amendment of its business registration, open a special account with the financial institution designated by the FSC for depositing the operation bond. This rule shall apply to its branch office upon FSC approval for operation of futures introducing broker business.
The operation bond to be deposited by a futures introducing broker under the preceding paragraph shall be NT$10 million; the operation bond for each branch office is NT$5 million.
The financial institution referred to in paragraph 1 shall be a bank that is approved by the FSC to operate custodial business, and meets the conditions prescribed by the FSC.
When the futures introducing broker is a financial institution that concurrently operates futures brokerage business, its operation bond shall be deposited with another financial institution.
The operation bond referred to in paragraph 1 above shall be paid in cash or by government bond or financial bond.
The operation bond deposited by a securities firm operating futures introducing broker business shall not be separately deposited in different places, and the condition of reporting of loss or contract termination shall not be allowed for the operation bond. The deposited operation bond and certificate of depository thereof shall not be used as securities, and unless approval has been granted by the FSC, the deposited operation bond shall not be withdrawn or replaced.
Article 18
A futures introducing broker shall, prior to the 10th day of each month, submit to the FSC, the futures exchange, or FSC-designated institution a monthly statement of business volume of the previous month.
Article 19
A futures introducing broker shall enter into a mandate agreement with the mandating futures commission merchant, which shall contain the following particulars:
1. Names of the parties to the agreement;
2. Either party shall notify the other upon receiving the complaint of any futures traders;
3. Provisions on commission and other relevant fees;
4. Scope of agency business of the futures introducing broker and the procedures for its execution;
5. The scope of information and services to be provided by the parties to the agreement;
6. Neither party shall refuse the request of the other party for provision of necessary business and finance information;
7. Neither party to the agreement shall improperly use the information obtained from the other party;
8. When the futures introducing broker is unable to perform the business, the mandating futures commission merchant shall handle it directly;
9. The method to deal with the damage caused by reasons attributable to either party to the agreement;
10. The method to deal with the damage caused by reasons not attributable to either party to the agreement;
11. If the futures introducing broker is responsible for the damages caused to a futures trader or any third person by its willful act or negligence in performing the businesses under paragraph 1 of Article 3 herein, the mandating futures commission merchant shall be held jointly liable as if the damage is caused by its own willful act or negligence;
12. Settlement of trading disputes;
13. Change of provisions of agreement;
14. Rescission or termination of the agreement;
15. Effective date of Agreement;
16. Other necessary statements in connection with the parties' rights and obligations; and
17. Other matters required to be stated by the FSC.
The mandating futures commission merchant shall not enter into an agreement with the futures introducing broker to waive the responsibilities referred to in subparagraph 11 of the preceding paragraph in advance.
The change or rescission of the mandate agreement referred to in paragraph 1 above shall be reported to FSC for recordation within two days from and including the date of change or recession.
Article 20
A mandating futures commission merchant shall not, by a mandate agreement or in any other manner, agree with a futures introducing broker to allow the futures introducing broker to execute any business on its behalf other than those stated under paragraph 1 of Article 3 herein.
Article 21
A futures introducing broker shall not open an account with a futures commission merchant to engage in futures trading on account of its own interests; provided that this provision shall not apply if a securities firm has applied for concurrent operation of futures proprietary business pursuant to the relevant provisions of the Standards Governing the Establishment of Futures Commission Merchants.
Article 22
A futures introducing broker shall promptly deliver the order of a futures trader to the mandating futures commission merchant for execution so as to protect the rights and interests of the futures trader.
Article 23
A securities firm that operates futures introducing broker business, in addition to having such business conducted by a dedicated department and assigning dedicated personnel responsible for management, shall also have such business executed by registered, qualified agents.
Article 24
A futures introducing broker shall keep at its business premises all the business-related certificates, vouchers, books of account, statements, records, contracts and relevant supporting documents for inspection by the FSC, the futures exchanges, or FSC-designated institution from time to time.
The period for keeping the certificates, vouchers, books of account, statements, records, contracts, and relevant supporting documents referred to in the preceding paragraph shall be in line with the Commercial Accounting Act and relevant laws and regulations.
Article 25
FSC, futures exchange, or FSC-designated institution may examine the business, finance, and other necessary matters of a futures introducing broker.
A futures introducing broker shall provide explanations and relevant documents in connection with the examination referred to in the preceding paragraph.
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