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

Print Time:2024/11/22 08:54
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Chapter Law Content

Title: Standards Governing the Establishment of Futures Trust Enterprises CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter III Concurrent Operation of Futures Trust Enterprises by Enterprises in Other Lines of Business
Section 1 Managed Futures Enterprises
Article 19
To apply to concurrently operate a futures trust enterprise, a managed futures enterprise shall have the following qualifications:
1.Has been in operation for at least a full 3 years.
2.Has paid-in capital of no less than NT$300 million.
3.Has one or more shareholders meeting the qualification requirements in Article 12 hereof, with combined shareholding of no less than 20% of total issued shares.
4.Has net worth per share of not less than par value, as shown in the CPA-audited and attested financial report for the most recent period.
5.Has not been sanctioned under Article 100, paragraph 1, subparagraph 1of the Act during the last half year.
6.Has not been sanctioned under Article 100, paragraph 1, subparagraphs 2 to 4 of the Act during the last 2 years.
If a managed futures enterprise that has been sanctioned under subparagraph 5 or 6 of the preceding paragraph and ordered by the competent authority to make corrections has not yet made concrete corrections as of the time it applies to concurrently a operate futures trust enterprise, the competent authority may deny the permission that is being applied for.
Article 20
Article 7 hereof and Article 11 of the Regulations Governing Futures Trust Enterprises shall apply mutatis mutandis with respect to a managed futures enterprise concurrently operating a futures trust enterprise.
Article 21
A managed futures enterprise applying to concurrently operate a futures trust enterprise shall set up a research and analysis department, a finance and accounting department, and an internal audit department. However, this requirement shall not apply if it has already set up these departments.
A managed futures enterprise applying to concurrently operate a futures trust enterprise shall appoint managerial officers, department supervisors, and associated persons pursuant to Article 14, paragraph 2.
Article 22
A managed futures enterprise intending to concurrently operate a futures trust enterprise shall apply to the competent authority for permission by filling out and submitting an application form, together with the following documents:
1.Business plan, specifying: the operational principles for the concurrently operated futures trust enterprise; plans for the offering and issuance of futures trust funds and plans for business development for the coming 2 years; internal organization and segregation of duties; personnel recruitment and training plan; and general description of premises and facilities.
2.Minutes of the board of directors meeting specifying the resolution to concurrently operate a futures trust enterprise.
3.Register of directors and supervisors.
4.Documentary proof for shareholder qualifications complying with Article 12 hereof, and a register of shareholders.
5.Written statement(s) that no provision of Article 7 hereof or Article 11 of the Regulations Governing Futures Trusts Enterprises exists with respect to any shareholder holding 5% or more of total issued shares.
6.The CPA-audited and attested financial report for the most recent period. If the date of application is more than 6 months past the start of the new fiscal year, the CPA-audited and attested financial report for the first half of the fiscal year shall additionally be submitted.
7.Review checklist for the managed futures enterprise's application to concurrently operate a futures trust enterprise.
8.Written statement(s) that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
Article 23
To apply to concurrently operate a futures trust enterprise, a managed futures enterprise shall, within 6 months from the day the competent authority grants permission, duly amend its articles of incorporation and complete company amendment registration indicating the concurrent operation of a futures trust enterprise, and apply to the competent authority for issuance of a permission license by filling out and submitting an application form, together with the following documents:
1.A photocopy of the letter of permission issued in response to the managed futures enterprise's application for concurrent operation of a futures trust enterprise, the articles of incorporation, and documentary proof of company amendment registration.
2.Documentary proof that the chairperson and general manager meet the qualifications set forth under the Regulations Governing Futures Trust Enterprises.
3.A list of the managerial officers, department supervisors, and associated persons to serve in the futures trust enterprise, issued by the Association after reviewing their qualifications, together with documentary proof of their qualifications.
4.Written statement(s) that the managerial officers, department supervisors, and associated persons of the futures trust enterprise comply with Article 50 of the Regulations Governing Futures Trust Enterprises.
5.Written statement(s) that none of the circumstances in Article 5 hereof exists, and no provision of Article 7 hereof or Article 11 or Article 56, paragraph 3 of the Regulations Governing Futures Trust Enterprises is violated, with respect to any director or supervisor.
6.If a director or supervisor is a juristic person, a written statement that none of the circumstances in Article 5 hereof exists with respect to the representative or designated representative exercising duties on its behalf.
7.Written statement(s) that none of the circumstances in Article 5 hereof exists, and no provision of Article 56, paragraph 3 of the Regulations Governing Futures Trust Enterprises is violated, with respect to any managerial officer or department supervisor of the futures trust enterprise.
8.Written statement(s) that none of the circumstances in Article 5 hereof exists with respect to any associated person of the futures trust enterprise.
9.Documentary proof that the requirement of Article 9 hereof is met.
10.Documentary proof that an operating bond has been furnished in accordance with the requirements of Article 17 of the Regulations Governing Futures Trust Enterprises.
11.The CPA-audited and attested financial report for the most recent period. The report is not required, however, if it covers the same period as that covered by the financial report submitted in the application for permission to concurrently operate a futures trust enterprise.
12.A written description of the internal control system of the concurrently operated futures trust enterprise and an unqualified opinion issued by a CPA.
13.Review checklist for the application by the managed futures enterprise for issuance of a permission license to concurrently operate a futures trust enterprise.
14.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
The internal control system referred to in subparagraph 12 of the preceding paragraph shall set out precautionary procedures and risk segregation mechanisms to prohibit and prevent the occurrence of any conflict of interest with beneficial owners or clients or acts prejudicial to the rights or interests of beneficial owners or clients, in connection with codes of conduct, and rules governing concurrent appointment, of managerial officers and associated persons of the futures trust enterprise, information sharing, sharing of operating facilities or premises, or advertising, public informational meetings, and other business promotion activities.
The permission granted to a managed futures enterprise to concurrently operate a futures trust enterprise will be revoked if the permission holder fails to apply for issuance of a permission license for such concurrent operation within the period set out in paragraph 1. Notwithstanding the foregoing, if there is legitimate reason, an application may be filed with the competent authority before expiration of that period for a maximum extension of 6 months, one time only.
A managed futures enterprise permitted to concurrently operate a futures trust enterprise may not commence such operation unless and until it has become a member of the Association under the category of futures trust enterprise.
Article 24
Upon an application by a managed futures enterprise to concurrently operate a futures trust enterprise, the competent authority may deny permission in any of the following circumstances:
1.Any circumstance in Article 5 hereof, or any violation of Article 7 hereof or Article 11 or Article 56, paragraph 3 of the Regulations Governing Futures Trust Enterprises, exists with respect to any director, supervisor, managerial officer, or department supervisor.
2.Noncompliance with Article 19, paragraph 1, subparagraph 3.
3.The business plan or the internal control system is not concrete enough, or cannot be executed effectively.
4.There is likelihood that the professional competence of any director, supervisor, or managerial officer is insufficient for sound and effective operation of the concurrent futures trust enterprise, or denial of permission is otherwise deemed necessary to protect the public interest.
5.Any misrepresentation or falsehood is found in any content or information in the application documents.
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