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

Print Time:2024/11/22 07:56
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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 2 Securities Investment Trust Enterprises
Article 25
To apply to concurrently operate a futures trust enterprise, a securities investment trust enterprise (SITE) 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 net worth per share of not less than par value according to the CPA-audited and attested financial report for the most recent period.
4.Has not been sanctioned under Article 100, paragraph 1, subparagraph 1of 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 last half year.
5.Has not been sanctioned under Article 100, paragraph 1, subparagraphs 2 to 4 of the Act, Article 103, subparagraphs 2 to 5 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraphs 2 to 4 of the Securities and Exchange Act during the last 2 years.
If a SITE that has been sanctioned under subparagraph 4 or 5 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 operate a futures trust enterprise, the competent authority may deny the permission that is being applied for.
Article 26
Article 7 hereof and Article 11 of the Regulations Governing Futures Trust Enterprises shall apply mutatis mutandis with respect to a SITE concurrently operating a futures trust enterprise.
Article 27
A SITE 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; provided that this requirement shall not apply if it has already set up these departments.
A SITE applying to concurrently operate a futures trust enterprise shall appoint managerial officers, department supervisors, and associated persons pursuant to Article 14, paragraph 2.
Article 28
A SITE 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; plan for personnel recruitment and training plan; and general description of premises and facilities.
2.Minutes of the board of directors meetings specifying the resolution to concurrently operate a futures trust enterprise.
3.Register of directors and supervisors.
4.Written statement(s) that there is no violation of Article 7 hereof or Article 11 of the Regulations Governing Futures Trusts Enterprises with respect to any shareholder holding 5% or more of total issued shares.
5.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.
6.Review checklist for the SITE's application to concurrently operate a futures trust enterprise.
7.Written statement(s) that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
A SITE may simultaneously apply to conduct the business of offering and selling beneficial certificates of futures trust funds at an existing branch unit. The documents and procedures for the application for permission and a permission license shall be as provided in Articles 30 and 31 hereof.
Article 29
To apply to concurrently operate a futures trust enterprise, a SITE shall, within 6 months from the day the competent authority issues permission, duly amend its articles of incorporation and complete company amendment registration for 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 granted in response to the SITE's application to concurrently operate a futures trust enterprise, the articles of incorporation, and documentary proof of company amendment registration.
2.Documentary proof of qualifications showing that the chairperson and general manager meet the qualifications set out in 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 Enterprise is violated, with respect to any managerial officer or department supervisor of the futures trust enteprise.
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 SITE for the 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 SITE to concurrently operate a futures trust enterprise will be revoked if the permit holder fails to apply for issuance of a permission license for such concurrent operation within the period set out in the preceding paragraph. 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 SITE 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 30
To apply for permission to conduct the business of offering and selling beneficial certificates of futures trust funds at an existing branch unit, a SITE that concurrently operates a futures trust enterprise shall apply to the competent authority by filling out and submitting the application form, together with the following documents:
1.Certificate of registration documenting that the branch unit is already established.
2.Business plan, specifying with respect to the branch unit: the operational principles in the offering and sale of beneficial certificates of futures trust funds; internal organization and segregation of duties; personnel recruitment and training plan; and general description of premises and facilities and financial forecasts for the coming year.
3.The minutes of the board of directors meetings specifying the resolution for the branch unit to conduct the offering and sale of beneficial certificates of futures trust funds.
4.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.
5.The internal control system of the branch unit. The internal control system is not required, however, if it is the same as the one submitted in the previous application for permission for the offering and sale of beneficial certificates of futures trust funds at an existing branch unit.
6.Review checklist for the application by a SITE to conduct the offering and sale of beneficial certificates of futures trust funds at an existing branch unit.
7.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 5 of the preceding paragraph shall set out the codes of conduct for, and rules governing concurrent appointment of, managerial officers and associated persons that handle the business of offering and selling of beneficial certificates of futures trust funds at the branch unit.
The provisions of Article 41 shall apply mutatis mutandis with respect to the qualifications required of a SITE that concurrently operates a futures trust enterprise and intends to apply to conduct the offering and sale of beneficial certificates of futures trust funds at an existing branch unit.
Article 31
A SITE that concurrently operates a futures trust enterprise and files an application under the preceding article shall, within 6 months from the day the competent authority grants permission, apply to the competent authority for issuance of a permission license to conduct the offering and sale of beneficial certificates of futures trust funds at the branch unit by filling out and submitting an application form, together with the following documents:
1.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 for the offering and sale of beneficial certificates of futures trust funds at the existing branch unit.
2.A list of the managerial officers, department supervisors, and associated persons of the branch unit, issued by the Association after reviewing their qualifications, together with documentary proof of their qualifications.
3.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 branch unit.
4.Written statement(s) that none of the circumstances in Article 5 hereof exists with respect to any associated person of the branch unit.
5.Documentary proof that the requirement in Article 9 hereof is met.
6.Review checklist for the application by the SITE for a permission license to conduct the business of offering and selling of beneficial certificates of future trust funds at the branch unit.
7.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
The permission granted to a SITE that concurrently operates a futures trust enterprise for conducting the offering and selling of beneficial certificates of futures trust funds at a branch unit will be revoked if the permission holder fails to apply for issuance of a permission license for such business within the period set out in the preceding paragraph. 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 SITE that concurrently operates a futures trust enterprise and that has obtained a permission license to conduct the business of offering and selling beneficial certificates of future trust funds at a branch unit may not commence the operation of futures trust business at the branch unit unless and until it has filed with the Association for recordation.
Article 32
Upon an application by a SITE to concurrently operate a futures trust enterprise, the competent authority may deny permission in any of the following circumstances:
1.Any circumstances 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.The business plan or the internal control system is not concrete enough, or cannot be executed effectively.
3.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.
4.Any misrepresentation or falsehood is found in any content or information in the application documents .
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