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

Print Time:2024/11/22 08:12
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Chapter Law Content

Chapter III Supervision and Management
Section II Personnel
Article 26
The term "associated person(s)" referred to in these Regulations shall mean the person(s) engaging in the following businesses on behalf of the futures introducing broker:
1. the businesses under paragraph 1 of Article 3 herein;
2. internal auditing of a futures introducing broker;
3. self auditing of a futures introducing broker.
A person dealing with the businesses under subparagraph 1 of the preceding paragraph shall not concurrently handle the businesses under subparagraph 2, and vice versa.
The associated person(s) referred to in paragraph 1 above shall be qualified futures associated person(s).
Article 27
The associated persons of a futures introducing broker who have the qualifications of both securities and futures associated persons may, while handling business under paragraph 1 of Article 3, internal auditing, or self auditing, concurrently handle business of the same nature in the fields of securities or futures.
Article 28
The registration and change of the responsible persons, managerial officers, and associated persons of a futures introducing broker shall be recorded with the Futures Association or FSC-designated institution through the futures introducing broker. An associated person shall not perform his/her duties without registration.
In any of the following events, the registration referred to in the preceding paragraph shall not be allowed; if any registration has been made, such registration shall be voided:
1. occurrence of any of the conditions under Article 28 of the Act;
2. failure to meet the qualifications/conditions under paragraph 3 of Article 26 herein;
3. violation of Article 29 herein;
4. failure to comply with regulations to successfully complete the orientation or on-job training;
5. there being facts showing that the person concerned engages or is involved in other dishonest or improper activities, which demonstrates that he/she is not suitable to act as the responsible person, managerial officer, or associated person.
In the event that there is any change of its responsible person, managerial officer, and/or associated person, a futures introducing broker shall report to the Futures Association or FSC-designated institution within five (5) days of such change. The associated person concerned shall replace or surrender the work permit. Before the registration of the change is completed, the future introducing broker concerned shall not be released from the liability for the act of such person.
Article 29
The responsible person, manager, or associated person of a futures introducing broker engaging in or directly dealing with the duties referred to in paragraph 1 of Article 3 herein shall faithfully carry out duties in accordance with the principles of good faith and trustworthiness.
In addition to conduct prohibited under Article 16 of the Regulations Governing Responsible Persons and Associated Persons of Futures Commission Merchants, the futures introducing broker and associated persons under the preceding paragraph may not engage in the following conduct:
1. accept any funds from a futures trader;
2. fail to handle futures introducing broker business in compliance with the order placed by or conditions set by a futures trader;
3. accept any discretionary trading authorization of a futures trader;
4. disclose any information of a futures trader; or
5. engage in other acts in violation of laws and regulations governing futures trading or prohibited by the FSC.
Other employees that are not associated persons likewise are prohibited from violating the provisions of the preceding two paragraphs, and additionally are prohibited from carrying out, or acting as a deputy for, the duties of an associated person.
Article 30
Responsible persons and employee of a futures introducing broker may open an account for trading with the mandating futures commission merchant only, and shall not open the said account in the name of another person.
If an account to be opened for a person referred to in the preceding paragraph is to be opened through a futures introducing broker engaged by the future commission merchant, it shall be done by the futures introducing broker to which the person belongs.
Account opening, handling of orders, and related matters, for persons referred to in paragraph 1 shall be handled by the futures introducing broker and the mandating futures commission merchant in accordance with the regulations of the FSC or its designated institution.
Article 31
Paragraph 1 of Article 2, Article 4, Article 5, Article 5-1, Articles 9 through 15, and Article 18 of the Regulations Governing Responsible Persons and Associated Persons of Futures Commission Merchants shall mutatis mutandis apply to futures introducing brokers.
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