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Chapter Law Content

Chapter 2 Defined Terms
Section 2 Reporting Financial Institution
Article 5
The term “Financial Institution” referred to in these Regulations means a Depository Institution, a Custodial Institution, an Investment Entity, and a Specified Insurance Company.
The term “Reporting Financial Institution” referred to in these Regulations means Financial Institutions in the territory of the ROC other than those referred to in Article 3 of these Regulations.
Article 6
The term “Depository Institution” referred to in these Regulations means an Entity that accepts deposits in the ordinary course of a banking or similar business.
Article 7
The term “Custodial Institution” referred to in these Regulations means that an Entity holding Financial Assets for the account of others as a substantial portion of its business, and that the Entity’s gross income attributable to the holding of Financial Assets and related financial services equals or exceeds 20% of the Entity’s gross income during either the most recent 3 accounting years or a period the Entity has been in existence if the period is less than 3 years.
Article 8
The term “Investment Entity” referred to in these Regulations means any Entity of the following:
1. An Entity primarily conducts as a business any of the following activities or operations for or on behalf of a customer, and the Entity’s gross income attributable to the relevant activities equals or exceeds 50% of the Entity’s gross income during either the most recent 3 accounting years or a period the Entity has been in existence if the period is less than 3 years.
(1) Trading in money market instruments such as cheques, drafts, certificates of deposit, bills, derivatives, etc.; foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading.
(2) Individual and collective portfolio management.
(3) Otherwise investing, administering, or managing Financial Assets or money on behalf of other persons.
2. An Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, or an Investment Entity described in the preceding subparagraph, and the gross income of the first-mentioned Entity attributable to investing, reinvesting, or trading in Financial Assets equals or exceeds 50% of the first-mentioned Entity’s gross income during either the most recent 3 accounting years or a period the first-mentioned Entity has been in existence if the period is less than 3 years.
Article 9
The term “Specified Insurance Company” referred to in these Regulations means an insurance company or the holding company of an insurance company that issues, or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Insurance Contract.
Article 10
The term “Financial Assets” referred to in these Regulations means a security, partnership interest, commodity, swap, Insurance Contract, Annuity Insurance Contract, or any interest in the aforesaid assets, except for a non-debt, direct interest in real property or a commodity that is a physical good.