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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 3 Trust Enterprises
Article 33
A trust enterprise applying to concurrently operate a futures trust enterprise shall meet the following qualifications:
1.The CPA-audited and attested financial report for the most recent period shows a net worth per share not lower than par value.
2.Has not, during the last half year, 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, and has not on three or more occasions been given an official reprimand and ordered to take corrective action within a specified period of time under Article 44, paragraph 1 of the Trust Enterprise Act.
3.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, Article 66, subparagraphs 2 to 4 of the Securities and Exchange Act, or Article 44, subparagraphs 1 to 3of the Trust Enterprise Act during the last 2 years.
If a trust enterprise that has been sanctioned under subparagraph 2 or 3 of the preceding paragraph and has been ordered by the competent authority to make corrections but 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 34
A trust enterprise applying to concurrently operate a futures trust enterprise pursuant to these Standards shall do so in its institutional name.
Article 35
A trust enterprise 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 trust enterprise applying to concurrently operate a futures trust enterprise shall appoint managerial officers, department supervisors, and associated persons pursuant to Article 14, paragraph 2.
Article 36
A trust enterprise 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; personnel recruitment and training plan; and general description of premises and facilities.
2.Minutes of the board of directors meeting specifying the resolution to concurrently operate a futures trust enterprise. If the trust enterprise is a foreign bank, documents bearing the signature of an entity or person authorized by the head office may be submitted in lieu of the minutes.
3.Register of directors and supervisors
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 no circumstance 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. If the trust enterprise is a foreign bank, documents bearing the signature of an entity or person authorized by the head office may be submitted in lieu of written statements by the directors and supervisors.
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 enterprise.
8.Written statement(s) that none of the circumstances in Article 5 hereof exists with respect to any associated persons of the futures trust enterprise.
9.Documentary proof that the requirement in Article 9 hereof is met.
10.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.
11.A written description of the internal control system of the concurrently operated futures trust enterprise and an unqualified opinion issued by a CPA.
12.Review checklist for the trust enterprise's application to concurrently operate a futures trust enterprise.
13.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 11 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.
A trust enterprise 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 38 and 39 hereof.
Article 37
A trust enterprise applying to operate a futures trust enterprise shall, within 6 months from the day the competent authority grants 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 pursuant to the Trust Enterprise Act and relevant regulations for registry 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 trust enterprise's application for concurrent operation of a futures trust enterprise, the articles of incorporation, and documentary proof of company amendment registration.
2.A list of the qualified 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.
3.Documentary proof of admission to membership in the Association.
A trust enterprise 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 38
A trust enterprise that concurrently operates a futures trust enterprise and intends to apply to conduct business of offering and selling beneficial certificates of futures trust funds at an existing branch unit, shall apply to the competent authority for permission 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; general description of premises and facilities; and financial forecasts for the coming year.
3.Minutes of the board of directors meeting specifying the resolution for the branch unit to conduct the offering and sale of beneficial certificates of futures trust funds.
4.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.
5.Written statement(s) that none of the circumstances in Article 5 hereof exists with respect to any associated person of the branch unit.
6.Documentary proof that the requirement in Article 9 hereof is met.
7.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.
8.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.
9.Review checklist for the application by a trust enterprise to conduct the business of offering and selling beneficial certificates of futures trust funds at the branch unit.
10.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 8 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 offering and sale of beneficial certificates of futures trust funds at the branch unit.
Article 41 shall apply mutatis mutandis with respect to the qualifications required of a trust enterprise that concurrently operates a futures trust enterprise and applies to conduct business of offering and selling beneficial certificates of futures trust funds at an existing branch unit
Article 39
A trust enterprise 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 registry pursuant to the Trust Enterprise Act and relevant regulations, by filling out and submitting an application form, together with the following documents:
1.A photocopy of the letter of permission granted to the trust enterprise to conduct the offering and sale of beneficial certificates of futures trust funds at the 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.
A trust enterprise that concurrently operates a futures trust enterprise and that has obtained permission and duly carried out registry to conduct the offering and sale of beneficial certificates of future trust funds at a branch unit may not commence futures trust business at the branch unit unless and until it has filed with the Association for recordation.
Article 40
Upon application by a trust enterprise to concurrently operate a futures trust enterprise, the competent authority may deny permission in any of the following circumstances:
1.Any circumstance 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.