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

Print Time:2024/11/24 00:37
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Chapter Law Content

Chapter III Monitoring and Oversight
Section 2 Personnel
Article 29
The term "associated person" as used in these Regulations shall mean a person engaging in the following types of business on behalf of a securities introducing broker:
1.The businesses under Article 3 herein.
2.Internal auditing of a securities introducing broker.
No person handling the business of either subparagraph 1 or subparagraph 2 of the preceding paragraph may concurrently handle the business under the other subparagraph.
An associated person as referred to in paragraph 1 shall be a qualified securities firm associated person.
The supervisor of a futures commission merchant's dedicated department for the operation of securities introducing broker business shall be qualified as a securities firm senior agent.
Article 30
Those who are qualified as associated persons for both securities and futures may concurrently engage in brokered futures trading and in the businesses listed under Article 3.
Article 31
A securities introducing broker shall register its responsible person and associated persons, and file any change in those positions, with the TWSE or GTSM; an associated person may not execute his or her duties without being registered.
Under any of the following circumstances, the TWSE or GTSM shall refuse to register a responsible person or an associated person of a securities introducing broker, or shall void their prior registration:
1.Any of the conditions under Article 53 of the SEA applies with respect to a responsible person.
2.Any of the conditions under Article 54, paragraph 1 of the SEA applies with respect to an associated person, or an associated person does not meet the qualifications of Article 29, paragraph 3 of these Regulations.
3.Any of the conditions under Article 54, paragraph 1 of the SEA applies with respect to an associated person who serves as the supervisor of a futures commission merchant's dedicated department for the operation of securities introducing broker business, or such an associated person does not meet the qualifications of Article 29, paragraph 4 of these Regulations.
4.Violation of Article 32 of these Regulations.
5.Failure to successfully complete pre-job training or on-the-job training in accordance with regulations.
6.There is factual proof that the responsible person or associated person has been engaged or involved in other dishonest or improper activities, demonstrating his or her unsuitability for the position.
In the event of a change of responsible person or associated person at a securities introducing broker, the securities introducing broker shall report the change to the TWSE or GTSM for registration within five days after the change. Work permits for associated persons shall be re-issued or surrendered, and the securities introducing broker will remain liable for the conduct of the associated person prior to registration of the change.
Article 32
A responsible person or associated person of a securities introducing broker assuming or directly handling the duties under Article 3, paragraph 1 shall faithfully carry out the duties in accordance with the principle of good faith.
The enterprises and personnel of the preceding paragraph may not commit any act prohibited by Article 37 of the Regulations Governing Securities Firms or Article 18 of the Regulations Governing Responsible Persons and Associated Persons of Securities Firms.
Employees who are not associated persons may not violate the provisions of the preceding two paragraphs, and in addition, are prohibited from carrying out the duties or acting as a deputy in carrying out the duties of an associated person.
Article 33
Article 2 paragraph 1, Articles 3 through 8, Article 10, Articles 14 through 17, Article 18 paragraph 3, and Articles 19 through 21 of the Regulations Governing Responsible Persons and Associated Persons of Securities Firms apply mutatis mutandis to the responsible persons and associated persons of securities introducing brokers.
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