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Title: Regulations Governing Futures Trust Enterprises CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter IV Investment in Foreign Futures Enterprises
Article 39
Except as otherwise provided by law or regulation, a futures trust enterprise shall satisfy each of the following conditions if it intends to apply to invest in a foreign futures enterprise:
1. It has been in operation for at least a full 2 years.
2. It has not been sanctioned under Article 100, paragraph 1, subparagraph 1 of the Act, Article 103, subparagraph 1 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 1 of the Securities and Exchange Act during the preceding three months.
3. It has not been sanctioned under Article 100, paragraph 1, subparagraph 2 of the Act, Article 103, subparagraph 2 or 3 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 2 of the Securities and Exchange Act during the preceding six months.
4. It has not been sanctioned under Article 100, paragraph 1, subparagraph 3 of the Act, Article 103, subparagraph 4 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 3 of the Securities and Exchange Act during the preceding year.
5. It has not been sanctioned under Article 100, paragraph 1, subparagraph 4 of the Act, Article 103, subparagraph 5 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 4 of the Securities and Exchange Act during the preceding 2 years.
6. It has net worth per share of not less than par value, as shown in the latest CPA-audited and attested financial report.
7. The total amount of any and all investment by it in foreign futures enterprises may not exceed 10% of its net worth. This restriction shall not apply, however, where there is a particular need and special approval has been granted.
If a futures trust enterprise does not conform to a provision or provisions in subparagraphs 2 to 5 of the preceding paragraph but has specifically corrected the violation, and the correction has been recognized by the competent authority, then it is exempted from the relevant provision or provisions of those subparagraphs.
The futures trust enterprise may invest in a foreign futures enterprise only within those lines of business in which the futures trust enterprise operates.
Article 40
A futures trust enterprise applying to invest in a foreign futures enterprise shall prepare and submit an application form, together with the following documents, to the competent authority for approval:
1. The minutes of the relevant directors' or shareholders' meeting.
2. The most recent CPA audited and attested financial report.
3. An investment plan report, containing the following:
A. An investment plan, specifying investment objectives and expected returns, sources and projected uses of funds, operations plan, plan for recovery of funds, and additionally, in the case of a holding company, an investment plan for any further equity investment(s).
B. Business operations planning, specifying the following information with respect to the investee enterprise: company profile, company organization, location, capitalization, profile of other major promoters or shareholders, business operations, lines of business, principles of business operations, and financial condition during the most recent 3 fiscal years.
C. Financial forecasts for the coming 2 years.
4. The articles of incorporation or similar document of the newly established or investee company, as the case may be.
5. Any applicable statutory, regulatory, or self-regulatory requirements of the place of investment.
Within 6 months starting from the date of approval for investment in the foreign futures enterprise, the futures trust enterprise shall file for recordation with the competent authority relevant documents evidencing its actual investment.
If a change is made to any item of investment approved by the competent authority, the futures trust enterprise shall file a report with the competent authority for recordation within 10 days starting from the date of the change.
Article 41
A futures trust enterprise approved to invest in a foreign futures enterprise shall file with the competent authority for recordation any evidentiary documents it receives for any outward remittance of funds or for the registration or amended registration, if any, of the investee foreign futures enterprise within 5 days after their receipt.
Any outward remittance of funds as referred to in the preceding paragraph shall have been approved by the competent authority and be made in accordance with the applicable provisions of the Foreign Exchange Control Act.
Within 6 months of the end of each business year of the investee foreign futures enterprise, the futures trust enterprise shall make a filing of the annual financial report of the investee enterprise.