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Chapter Law Content

Chapter Two Bonds in physical Certificates
Section 4 - Payment Stopping and Trust Announcement
Article 34
To file an application for stopping payment on the ground of loss of registered certificates, the owner of the certificates shall post a announcement for cancellation of his certificates on a daily newspaper circulated in the place where the bank's branch office is located, and fill out an application for stopping payment for loss of certificates by affixing his original seal to the application. If both the seal and the certificates are lost, the owner shall, in addition to posting an announcement for cancellation of the certificates on a daily newspaper, first present his/her identification to file an application for change of seal, and then file an application for stopping payment. However, if the payment for the certificates has been made, the bank branch shall refuse the application.
The owners of the certificates referred to in the preceding paragraph shall, after completing all statutory procedures, fill out an "Application for Re-issuance of Certificates to the Ministry of Finance" and file the completed application with the original branch bank, who shall then transfer the same to the Ministry of Finance for re-issuance of the certificates.
Article 35
Where the owner of a registered certificate requests a replacement of seal due to loss of the seal, he/she shall fill out an application for replacement of seal and file the same with the original branch bank together with the certificates, new seal, and his/her identification.
Article 35-1
Where a bearer-form certificate is lost, stolen, or disintegrated, he/she may file an application for re-issuance of the certificate after he/she has reported the loss of the certificate and requested the stoppage of payment, published public notice, and obtained from the competent court a decree of invalidation of the certificate; provided, however, that a report for the loss of certificate and stoppage of payment shall not be made for a bear-form certificate issued prior to Sept. 28, 1995.
Article 35-2
Where a bear-form certificate is lost, stolen, or disintegrated, the holder of the certificate may inform the Department of National Treasury of the Ministry of Finance, the Treasury Department of the Central Bank of China, a bank's head office, or its branch to process stoppage of payment by giving them a written notice specifying the bond's title, series, face value, serial number, and quantity of certificates, together with an attestation of report to the police. In addition, the holder shall adduce, within 5 days of notice of stoppage of redemption, the proof that he/she has filed an application for public notice with the court to the bank or authority processing the matter. If the holder fails to do so within the foregoing time limit, the notice of stoppage of redemption shall become invalid, provided that the redemption has been made before the notice of stoppage of redemption becomes valid, the notice shall take no effect.
Article 35-3
When handling the notice for the lost, stolen, or disintegrated bearer-form certificates, the Department of National Treasury of the Ministry of Finance, the Treasury Department of the Central Bank of China, a bank's head office, or its branch shall inform each government agency or bank concerned to process the stoppage of redemption by a notice for stoppage of redemption. The notice shall take effect when it is received by each government agency or bank concerned.
Upon receipt of the notice referred to in the preceding paragraph, the Treasury Bureau of the Central Bank of China shall inform Taiwan Stock Exchange Corporation, Over-the Counter Exchange Center, and relevant agencies that if the certificate is found by any of government agency or bank concerned, it shall inform the police department to take proper actions, unless otherwise the notice for stoppage of redemption has become invalid.
The notification procedure referred to in the preceding two paragraphs shall be completed within 2 business days after the report of loss and stoppage of payment filed by certificate owners is received.
Article 35-4
After public announcement of the invalidation of a certificate, the applicant may submit an Application for Re-issuance of Certificate, together with the original of a court-decree of invalidation of the certificate, to the party that originally handled the lost certificate report and stoppage of payment. This party shall then forward these documents through proper channels to the Ministry of Finance to re-issue a duplicate copy of the certificate.
Article 35-5
To apply for public announcement of trust for registered certificates, the owner of or other person who is entitled to such registered certificates and trustee shall fill out an application and affix his/her seal to such application, and submit the certificate, relevant supporting documents, and seal specimen to the branch bank originally handling the sale.
After reviewing the application referred to in the preceding paragraph, the bank shall specify on the certificates that are property in trust accompany with the date, and print out a "List of Registered Certificates in Trust" for record as well.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to any change or invalidation of trust relationship.