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

Print Time:2024/11/22 10:06
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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 IV Establishment of Branch Units
Article 41
A futures trust enterprise that meets the following qualifications may apply to establish a branch unit(s) to conduct the business of offering and selling beneficial certificates of futures trust funds:
1.Has been in operation for at least a full year. This restriction does not apply, however, to the establishment of a branch unit as a result of merger or transfer.
2.The CPA-audited and attested financial report for the most recent period shows a net worth per share not lower than par value.
3.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 3 months.
4.Has not been sanctioned under Article 100, paragraph 1, subparagraph 2 of the Act, Article 103, subparagraph 2 or 3 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 2 of the Securities and Exchange Act during the last half year.
5.Has not been sanctioned under Article 100, paragraph 1, subparagraph 3 of the Act, Article 103, subparagraph 4 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 3 of the Securities and Exchange Act during the last one year.
6.Has not been sanctioned under Article 100, paragraph 1, subparagraph 4 of the Act, Article 103, subparagraph 5 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 4 of the Securities and Exchange Act during the last 2 years.
A futures trust enterprise that is not compliant with a provision or provisions of subparagraph 3 to 6 of the preceding paragraph may be exempted from restriction under those 4 subparagraphs if it has made substantive corrections, and the corrections have been recognized by the competent authority.
Article 42
To apply to establish a branch unit(s) to conduct the business of offering and selling beneficial certificates of futures trust funds, a futures trust enterprise shall apply to the competent authority for permission by filling out and submitting the application form, together with the following documents:
1.Articles of incorporation.
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 to establish a branch unit to conduct the business of offering and selling 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 establishment of a branch unit.
6.Review checklist for the application by a futures trust enterprise to establish a branch unit to conduct the offering and sale of beneficial certificates of futures trust funds .
7.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
Article 43
A futures trust enterprise applying to establish a branch unit to conduct the business of offering and selling beneficial certificates of futures trust funds shall, within 6 months from the day the competent authority grants permission, duly complete branch unit registration procedures and apply to the competent authority for issuance of a permission license for the branch unit by filling out and submitting an application form, together with the following documents:
1.Documentary proof that the branch unit has been established.
2.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 establishment of the branch unit.
3.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.
4.Written statement(s) that none of the circumstance 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.Review checklist for the application by the futures trust enterprise for issuance of a permission license for the branch unit to conduct the offering and sale of beneficial certificates of future trust funds.
8.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
The permission granted to a futures trust enterprise for establishing a branch unit will be revoked if the futures trust enterprise fails to apply for issuance of a permission license for such branch unit 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.
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