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Title: The Banking Act of The Republic of China CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter VII Foreign Banks
Article 116
The term, "Foreign Bank", as used in this Act, shall mean a Bank organized and incorporated in accordance with the laws of a foreign country, which Bank has registered for business as a branch office within the territory of the Republic of China, in accordance with the Company Law and this Act.
Article 117
A Foreign Bank, which establishes a branch office within the territory of the Republic of China, must obtain approval from the Competent Authority, and registered in accordance with the Company Law. A Foreign Bank branch shall commence operations only after obtaining a business license pursuant to the procedures set out in Article 54 of this Act; a Foreign Bank which establishes a representative office in the Republic of China shall obtain the approval of the Competent Authority.
The rules for establishment and operations of foreign banks under the preceding paragraph shall be prescribed by the Competent Authority.
Article 118
The Central Competent Authority may, in consideration of the need for international trade and industrial development, designate areas where Foreign Banks may be allowed to establish branches.
Article 119
(deleted)
Article 120
A Foreign Bank shall appropriate funds exclusively for its operation of business within the territory of the Republic of China and Articles 23 and 24 of this Act shall apply mutatis mutandis.
Article 121
Businesses which may be conducted by a Foreign Bank shall be as prescribed by the Competent Authority, after consultation with the Central Bank of China, within the business scope stipulated in Articles 71 and Article 101, Paragraph 1, of this Act. Matters pertaining to foreign exchange shall be as permitted by the Central Bank of China.
Article 122
Any receipts and disbursements of funds made by a Foreign Bank branch shall be in the Chinese national currency, with the exception of foreign currency Deposits with respect to which special permission has been granted by the Central Bank of China.
Article 123
Chapter 1 through Chapter 3 and Chapter 6 of this Act shall also apply to Foreign Banks.
Article 124
(deleted)