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Chapter Law Content

Title: The Banking Act of The Republic of China CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter VIII Penalties
Article 125
Those who violate Article 29, Paragraph 1, of this Act shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years, and may be fined a criminal fine of not less than Ten Million New Taiwan Dollars (NT$10,000,000) and not more than Two Hundred Million New Taiwan Dollars (NT$200,000,000). Those who thereby obtain any property or property interests from such crimes of One Hundred Million New Taiwan Dollars (NT$100,000,000) or more shall be punished by imprisonment for more than seven (7) years, and may also be fined a criminal fine of not less than Twenty Five Million New Taiwan Dollars (NT$25,000,000) and not more than Five Hundred Million New Taiwan Dollars (NT$500,000,000).
A financial information service business which operates inter-institutional funds transfer and account clearing without obtaining the approval of the Competent Authority shall be punished in accordance with the preceding Paragraph.
Should a juristic person commit the offenses prescribed in the preceding two paragraphs, its responsible person shall be punished.
Article 125-1
A person who damages the credit of a Bank, a Foreign Bank, a money market business's or a financial information service business which operates inter-bank funds transfer and bills clearing by spreading rumors or by fraud shall be punished by imprisonment for less than five (5) years and a criminal fine of less than Ten Million New Taiwan Dollars (NT$10,000,000).
Article 125-2
A Bank's responsible person or staff member who violates his/her duty with the intent to gain illegal benefit for himself/herself or a third party and damages the Bank's assets or other interests shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years, and may be fined a criminal fine of not less than Ten Million New Taiwan Dollars (NT $10,000000) and not more than Two Hundred Million New Taiwan Dollars (NT$200,000,000). Those who thereby obtain any property or property interests from such crimes of One Hundred Million New Taiwan Dollars (NT$100,000,000) or more shall be punished by imprisonment for more than seven (7) years, and may also be fined a criminal fine of not less than Twenty Five Million New Taiwan Dollars (NT$25,000,000) and not more than Five Hundred Million New Taiwan Dollars (NT$500,000,000).
When two or more responsible persons or staff members of a Bank jointly commit the offenses prescribed in the preceding Paragraph, their punishment may be increased by up to one-half of the specified punishment.
Attempts to commit the acts described in the preceding two paragraphs shall be punishable.
The preceding three paragraphs shall apply to the responsible person or staff members of Foreign Banks or institutions conducting money market businesses.
Article 125-3
Those who, with the intent to gain illegal benefit for themselves or a third party, use fraudulent methods to cause the Bank to deliver the assets of the Bank or a third party, or use unjustified methods to enter fictitious data or unjustified commands into the Bank computer or relevant equipment, or make records of acquisition, loss or alteration of the assets so as to obtain any property or property interests from such crimes of which amount to One Hundred Million New Taiwan Dollars (NT$100,000,000) or more, shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years, and may also be fined a criminal fine of not less than Ten Million New Taiwan Dollars (NT$10,000,000) and not more than Two Hundred Million New Taiwan Dollars (NT$200,000,000).
Those who use methods described in the foregoing paragraph to obtain the illegal benefit of assets or cause a third party to do so shall likewise be subject to the specified punishments.
Attempts to commit the acts described in the preceding two paragraphs shall be punishable.
Article 125-4
For those who have turned themselves in after committing crimes stipulated in Article 125, Article 125-2 or Article 125-3, they have delivered all criminal gains, if any, out at their free will, their sentences can be reduced or exempted. If their acts of turning themselves in have led to the capture of other principal criminals or accomplices, their sentences shall be exempted.
For those who have committed crimes stipulated in Article 125, Article 125-2 or Article 125-3 and confessed during investigation, they have delivered all criminal gains, if any, out at their free will, their sentences can be reduced. If their acts of confession have led to the capture of other principal criminals or accomplices, their sentences shall be reduced by one-half.
For those who have committed crimes stipulated in Paragraph 1 of Article 125-1, Paragraph 1 of Article 125-2 or Paragraphs 1 and 2 of Article 125-3, any property or property interests obtained from such crimes has exceeded the highest level of fines, more fines can be added within the range of their illegal gains. Should their criminal acts have jeopardized the stability of the financial market, their sentences shall be increased by one-half.
Article 125-5
Where a gratuitous act done by a responsible person or staff member of a Bank under Article 125-2, Paragraph 1, or by a committer of a violation under Article 125-3, Paragraph 1, is prejudicial to the rights of a Bank, the Bank may apply to the court to cancel such act.
Where a non-gratuitous act done by a responsible person or staff member of a Bank or a committer of a violation as referred to in the preceding paragraph is done with the knowledge, at the time of commission, that it would be prejudicial to the rights of a Bank, and the beneficiary of the act also knows such circumstances at the time the benefit is received, the Bank may apply to the court to cancel such act.
When applying to the court for cancellation under either of the preceding two paragraphs, a party may alsoapply to the court to order the beneficiary or any party to whom the benefit has been transferred to restore the status quo ante; provided, this shall not apply where the party to whom the benefit has been transferred was not aware at the time of transfer that there was any cause for cancellation.
Any disposition of property between a responsible person or staff member of a Bank or a committer of a violation as referred to in Paragraph 1, and such person's spouse, lineal relative, cohabiting relative, head of household, or family member shall be deemed a gratuitous act.
Any disposition of property between a responsible person or staff member of a Bank or a committer of a violation as referred to in Paragraph 1 and any person other than those set forth in the preceding paragraph shall be presumed to be a gratuitous act.
The right to cancellation under Paragraphs 1 and 2 shall be extinguished one year after the time the Bank is aware of any cause for cancellation if the Bank fails to exercise the right, or ten years after the time of the act.
The preceding six paragraphs shall apply to the responsible person or staff members of Foreign Banks under Article 125-2, Paragraph 4.
Article 125-6
Deleted.
Article 125-7
A person who steals, damages, or use other illegal means to damage the normal functions of the core information and communications system of a financial information service enterprise engaging in inter-financial institution funds transfer and settlement shall be sentenced to imprisonment for not less than one year and not more than seven years,and in addition thereto, a criminal fine of not more than Ten Million New Taiwan Dollars(NT$10,000,000) may be imposed.
Any person who intends to endanger national security or social stability and commitsan offense under the preceding paragraph shall be sentenced to imprisonment for not less than three years and not more than ten years, and in addition thereto, a criminal fine of not more than Fifty Million New Taiwan Dollars (NT$50,000,000) may be imposed.
Should such criminal acts specified in the two preceding paragraphs have jeopardized the stability of the financial market, the punishment shall be increased by one-half.
An attempt to commit an offense specified in paragraph 1 or paragraph 2 is punishable.
Article 125-8
A person who damages the normal functions of the core information and communications system of a financial information service enterprise engaging in interfinancial institution funds transfer and settlement through one of the following means shall be sentenced to imprisonment for not less than one year and not more than seven years, and in addition thereto, a criminal fine of not more than Ten Million New Taiwan Dollars (NT$10,000,000) may be imposed:
1. Without cause, gains access to its computer or related equipment by entering the password of its computer account, cracking the protective measures for using the computer, or exploiting the loophole of the computer system.
2. Without cause, interferes, through the use of computer programs or other electromagnetic methods, with its computer or relating equipment.
3. Without cause, obtains, deletes, or alters the magnetic record of its computer or related equipment.
A person who makes computer programs specifically for himself or another to commit any offense specified in the preceding paragraph is also subject to the penalty provisions thereof.
Any person who intends to endanger national security or social stability and commits the offenses in the two preceding paragraphs shall be sentenced to imprisonment for a term of not less than three years and not more than ten years, and in addition thereto, a criminal fine of not more than Fifty Million New Taiwan Dollars (NT$50,000,000) may be imposed.
Should such criminal acts specified in in the three preceding paragraphs have jeopardized the stability of the financial market, the punishment shall be increased by onehalf.
Attempts to commit the acts described in paragraph 1 to paragraph 3 shall be punishable.
Article 126
In the event that a company limited by shares violates its commitment made pursuant to Article 30 of this Act, its directors and those who participated in the decision that led to the violation of said commitment shall be punished by imprisonment for not more than three (3) years, detention, and/or a criminal fine of not more than one million and eight hundred thousand New Taiwan Dollars (NT$1,800,000).
Article 127
In the event of a violation of Article 35 of this Act, punishment by imprisonment for not more than three (3) years, detention, and/or a criminal fine of not more than Five Million New Taiwan Dollars (NT$ 5,000,000) shall be imposed. However, if a more severe punishment is stipulated in other laws, such more severe punishment shall be imposed.
In the event of a violation of Article 47-2 or Article 123 (which applies Article 35), punishment shall be imposed in accordance with the preceding Paragraph.
Article 127-1
In the event of a violation of Article 32, Article 33, or Article 33-2 of this Act or in the event of a violation which is punishable under the preceding three articles, or Article 91-1, through the acts described in Article 33-4, Paragraph 1, the responsible person shall be punished by imprisonment for not more than three (3) years, detention, and/or a criminal fine of not less than Five Million New Taiwan Dollars (NT$ 5,000,000) and not more than Twenty-Five Million New Taiwan Dollars (NT$25,000,000).
In the event that the amount of a loan extended by the Bank exceeds the amount prescribed by the Competent Authority under Article 33, or a direct investment in a manufacturing business is made under Article 91-1 without obtaining approval from not less than three quarters of the directors present in the board meeting at which not less than two-thirds directors are present, or violation of the credit limit or total balance of loans extended prescribed by the Competent Authority under Article 33, Paragraph 2 or violation of Article 91-1 with respect to total investment exceeding five percent (5%) of the Bank's net worth in the preceding fiscal year, the responsible person shall be punished by an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Fifty Million New Taiwan Dollars (NT$50,000,000) and the preceding Paragraph shall not apply.
In the event that a Foreign Bank violates Article 123 by application of Article 32, Article 33, Article 33-2 or Article 33-4, the responsible person shall be punished in accordance with the preceding two paragraphs.
The preceding three paragraphs shall apply to responsible persons who commit such offenses outside the territory of Republic of China.
Article 127-2
In the event of a violation of a disposition ordered by the Competent Authority pursuant to Article 62, Paragraph 1, of this Act, if the said violation is sufficient to cause damage to others or the public, the person(s) responsible for the violation shall be punished by imprisonment for not less than one (1) year and not more than seven (7) years, and a criminal fine of not more than Twenty Million New Taiwan Dollars (NT$20,000,000).
Commission of any of the following acts by a Bank's responsible person or staff members in connection with the Competent Authority sending officials to take conservatorship or receivership over the business operations or order of suspension of the business and rehabilitation measures shall be punished by imprisonment for not less than one (1) year and not more than seven (7) years and a criminal fine of not more than Twenty Million New Taiwan Dollars (NT$20,000,000):
1.Refusing to deliver the books, documents, chops and assets related to the banking business or finance to the conservators, receivers or rehabilitators designated by the Competent Authority, refusing to provide information as to the necessary matters in connection with assets and liabilities of the Bank to such persons, or refusing such persons' requests to carry out necessary acts for conservatorship, receivership, or rehabilitation.
2.Concealing or damaging the books or other documents regarding a Bank's business or financial condition;
3.Concealing or destroying a Bank's properties, or making other decisions to the detriment of creditors;
4.Failing to reply, without justification, to inquiries from conservators, receivers, or rehabilitators appointed by the Competent Authority to ; or
5.Fabricating claims or accepting false claims.
With respect to violation of the measures imposed by the Competent Authority pursuant to Article 47-2, Article 123 applying Article 62, Paragraph 1, Article 62-2 or Article 62-5 and the occurrence of any of the events prescribed in the preceding two paragraphs, the preceding two paragraphs shall apply.
Article 127-3
Deleted.
Article 127-4
Although punishment is to be imposed or the responsible person(s) in accordance with other provisions, in the event that the responsible person(s), agent, employee(s) or a staff member(s) of a legal entity comment any of punishable under Article 125 through Article 127-2 of this Act, the legal entity shall also be punished by the administrative fine or criminal fine described in each such article.
The preceding Paragraph shall apply to Foreign Banks.
Article 127-5
A violation of Article 20, Paragraph 3, shall be punished by imprisonment for not more than three years, detention, and/or a criminal fine of not more than NT$5 million.
Should a juristic person commit the offense in the preceding paragraph, its person responsible for the act shall be punished.
Article 128
The directors or supervisors of a Bank who violate Paragraph 1 of Article 64 herein by delaying filing reports to the Competent Authority, or the directors or staff members of an Investment and Trust Company who violate Article 108 herein by participating in such decision, shall, respectively, be punished by an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Ten Million New Taiwan Dollars (NT$10,000,000).
In the event that the responsible person or staff member(s) of a foreign bank violate Article 123 herein to which Article 108 of the Act applies mutatis mutandis by participating in the decision, the penalties prescribed in the preceding paragraph shall apply.
In the event that a shareholder of a Bank violates Paragraphs 2, 3 or 5 of Article 25 herein by failing to file a report with the Competent Authority with respect to his/her shareholding, or failing to acquire the approval of the Competent Authority to hold shares of the Bank, such shareholder shall be imposed of an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Ten Million New Taiwan Dollars (NT$10,000,000).
A financial information business which handles inter-institutional funds transfers and bills clearing, or a service business which handles the inter-institutional credit data processing and exchange commits one of the following acts shall be imposed of an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Fifty Million New Taiwan Dollars (NT$50,000,000):
1. Refusing to be examined or concealing or damaging related data, or refusing to respond to or making false representation in response to the inquiries of the investigators without justifications, missing the deadline for submission of data or making false or incomplete representations the Competent Authority dispatches officials or appoints an appropriate institution to examine its business, financial condition and other related matters, or orders submission of financial reports or other related data.
2. Suspending all or part of its business without obtaining the approval of the Competent Authority.
3. Unless otherwise provided for in other laws or regulations prescribed by the Competent Authority, disclosing without cause a third party's data learned or held through their position.
A service business which conducts inter-institutional credit data processing and exchange without obtaining the approval of the Competent Authority shall be punished pursuant to the preceding paragraph.
Article 129
Commission of any of the following acts shall be imposed of an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Fifty Million New Taiwan Dollars (NT$50,000,000):
1. Violation of Articles 21, 22 or 57 or violation of Article 123 to which Articles 21, 22 or 57 of the Act applies mutatis mutandis.
2. Issuing share certificates in violation of Paragraph 1 of Article 25 herein;
3. Violation of Paragraphs 1 through 3, Article 28 or violation of Article 123 to which Paragraphs 1 through 3 of Article 28 of the Act apply mutatis mutandis;
4. Violation of restrictions imposed by the Competent Authority under Article 33-3 or Article 36 or Article 123 herein to which Article 33-3 or Article 36 of the Act applies mutatis mutandis;
5. Violation of the notice given by the Competent Authority in accordance with Article 43 or Article 123 to which Article 43 of the Act applies mutatis mutandis by failing to make the adjustment required thereby within the prescribed period;
6. Violation of Article 44-1 of the Act or the actions taken by the Competent Authority in accordance with Paragraph 1 of Article 44-2 herein;
7. Failure to establish or diligently conduct the internal control and audit systems, internal processing system and procedures, and internal operation system and procedures in accordance with Article 45-1 or Article 123 herein to which Article 45-1 of the Act applies mutatis mutandis;
8. Failure to apply for approval in accordance with Paragraph 2 of Article 108, or violation of Article 123 herein to which Paragraph 2 of Article 108 of the Act applies mutatis mutandis;
9. Violation of Paragraph 4 of Article 110, or violation of Article 123 herein to which Paragraph 4 of Article 110 of the Act applies mutatis mutandis by failing to set aside sufficient special reserve;
10. Violation of Paragraph 1 of Article 115, or violation of Article 123 herein to which Paragraph 1, Article 115 of the Act applies mutatis mutandis in publicly offering mutual trust fund; or
11. Violation of Article 48 of the Act.
Article 129-1
The responsible person(s) or staff member(s) of a Bank or other concerned persons committing any of the following acts when the Competent Authority dispatches officials or mandates appropriate institutions or orders local Competent Authorities to dispatch officials or designates professional and technical persons to check the business, financial condition and other related matters, or orders the Bank or other concerned persons to submit financial reports, property inventories or other related documents and reports in accordance with Article 45 of this Act shall be punished by an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Fifty Million Dollars (NT$50,000,000):
1.Refusing to be investigated or refusing to open the vault or other storage facilities;
2.Concealing or damaging books and documents related to business or financial conditions;
3.Refusing to reply or misrepresenting responses to inquiries of the investigator without justifiable reasons.
4.Failure to timely, honestly or completely provide financial reports, property inventories or other related data or reports, or to pay investigation fees within the specified period(s) of time.
The responsible person(s) or staff member(s) or other concerned person(s) of a Foreign Bank committing the acts listed in the preceding Paragraph when the Competent Authority dispatches officials or mandates appropriate institutions or orders local Competent Authorities to dispatch officials or designates professional and technical persons to check the business, financial condition and other related matters, or orders the Bank or other concerned person(s) to provide financial reports, property inventories or other related documents and reports in accordance with Article 123 applying Article 45 of this Act shall be punished pursuant to the preceding Paragraph.
Article 129-2
The responsible person of a Bank who violates Paragraph 1 of Article 44-2 of the Act by failing to propose or to diligently undertake capital restructuring, or other finance and business improvement plan shall be imposed of an administrative fine of not less than Two Million New Taiwan Dollars (NT$2,000,000) and not more than Fifty Million Dollars (NT$50,000,000).
Article 130
Commission of any of the following acts shall be punished by an administrative fine of not less than One Million New Taiwan Dollars (NT$1,000,000) and not more than Twenty Million New Taiwan Dollars (NT$20,000,000).
1.Violations of regulations regarding the extension of loans prescribed by the Central Bank of China in accordance with Article 37, Paragraph 2, Article 40 or Article 123 applying Article 37, Paragraph 2, Article 40 of this Act.
2.Violations of Article 72 or Article 123 applying Article 72 or regulations prescribed by the Competent Authority in accordance with Article 99, Paragraph 3, of this Act in extending loans;
3.Violations of Article 74, Article 89, Paragraph 2, Article 115-1 or Article 123 applying Article 74 of this Act in making investments;
4.Violations of Article 74-1, Article 75 or of Article 89, Paragraph 2, applying Article 74-1 or of Article 89, Article 115-1 or Article 123 applying Article 75 of this Act in making investments;
5.Violations of Article 76, Article 47-2, of Article 89, Paragraph 2, Article 115-1 or Article 123 applying Article 76.
6.Violations of Article 91 or the scope, restrictions or management rules prescribed by the Competent Authority for credit extensions, investments, acceptance of deposits and issuance of Bank Debentures in accordance with Article 91.
7.Violations of Article 109 or Article 123 applying Article 109 of this Act in employing Trust Funds.
8.Violations of Article 111 or Article 123 applying Article 111 of this Act.
Article 131
Commission of any of the following acts shall be imposed of an administrative fine of not less than Five Hundred Thousand New Taiwan Dollars (NT$ 500,000) and not more than Ten Million New Taiwan Dollars (NT$10,000,000):
1.Violation of Paragraph 8 of Article 25 herein by failing to give notice;
2.Violations of Article 34 or Article 123 to which Article 34 of the Act applies mutatis mutandis by accepting deposits;
3.Violations of Article 34-1 or Article 123 to which Article 34-1 of the Act applies mutatis mutandis;
4.Violations of Article 35-1 regarding concurrent posts of the responsible person or staff member of a Bank or violation of Article 123 to which Article 35-1 applies mutatis mutandis by the responsible person or staff member of a foreign Bank; where the concurrent post is assigned b y a Bank, the penalized entity shall be the Bank that assigned the concurrent post.
5.Violations of Paragraph 1 of Article 35-2 by a responsible person of the Bank regarding restrictions on concurrent posts or prohibition on conflicts of interest or violations of Article 123 to which Article 35-1 applies mutatis mutandis by the responsible person of a foreign Bank regarding restrictions on concurrent posts and prohibition on conflicts of interest;
6.Appointing a person not meeting related qualification requirements set forth in the guidelines stipulated in Paragraph 1 of Article 35-2 herein or the appointed responsible person violating the restrictions on concurrent posts or prohibition on conflicts of interest prescribed in the said guidelines;
7.Violations of rules set forth by the Competent Authority in accordance with Article 47-1 regarding businesses, management, or consumer protection.
8.Violations of Article 49 or Article 123 to which Article 49 of the Act applies mutatis mutandis;
9.Violations of Article 114 or Article 123 to which Article 114 of the Act applies mutatis mutandis;
10.Violation of Paragraph 1 of Article 50 herein by failing to set aside legal surplus reserve;
11.Violation of the rules set forth by the Competent Authority in accordance with Article 51 or Article 123 herein to which Article 51 of the Act applies mutatis mutandis; or
12.Violation of rules set forth by the Competent Authority in accordance with Article 51-1 herein by refusing to make payment.
Article 132
Unless otherwise prescribed by this Act with respect to punishment by an administrative fine, violation of this Act or the related mandatory or prohibiting regulations authorized by this Act or failure to perform obligations to be performed shall be punished by an administrative fine of not less than Five Hundred Thousand New Taiwan Dollars (NT$500,000) and not more than Ten Million New Taiwan Dollars (NT$10,000,000).
Article 133
The administrative fines set forth in Articles 129, 129-1, 130, Subparagraphs 2, 3, 6 through 12 of Article 131, and the preceding Article herein shall be imposed against the Bank or its branch.
The Bank or its branch may seek recourse from the responsible person after paying the administrative fines in accordance with the preceding paragraph.
Article 133-1
Fine for an act under this Act may be remitted if the act was committed in a trivial circumstance or if the Bank or individual was ordered to make improvements within a designated period and the improvements have been completed.
Article 134
The amount of the administrative fines prescribed by this Act shall be determined and punished by the Competent Authority. However, with respect to administrative fines prescribed by Article 130, Subparagraph 1, and the administrative fines prescribed by Article 132 as violating Article 42 or where the Central Bank of China implements restrictions or rules governing financing extension in accordance with Article 73, Paragraph 2 shall be punished by the Central Bank of China with notice to the Competent Authority.
Article 135
In the event of failure to pay an administrative fine within the prescribed period of time, a surcharge for late payment shall be levied, and calculated at the rate of one percent (1%) of the amount of the fine in arrears for each day of delay, starting from the day following the expiry of the prescribed period of time. If the payment of the fine still has not been made thirty (30) days therefrom, the Central Competent Authority may suspend the business of the relevant Bank or Bank branch.
Article 136
A Bank or individual that has been punished by an administrative fine in accordance with this Chapter and which fails to take corrective measures within the period of time specified by the Competent Authority may be punished by consecutive penalties imposed by the Competent Authority for each violation; where the violations are of a serious nature, the Bank may be ordered to discharge the responsible person or the Permit of the Bank may be nullified.
Article 136-1
Proceeds of the crime that belong to the offender in violation of this Act, or obtained by any other natural persons, legal persons, or unincorporated bodies pursuant to paragraph 2, Article 38-1 of the Criminal Code shall be confiscated, with the exception of compensations due to those victims or parties eligible for claims against damages.
Article 136-2
Those who violate this Act and are fined Fifty Million New Taiwan Dollars (NT$50,000,000) or more, but are unable to pay their fine in full, shall perform not more than two (2) years of labor service; the length of their labor service shall be calculated as the number of days in a two-year period proportional to the amount of the fine. Those who are fined One Hundred Million New Taiwan Dollars (NT$100,000,000) or more, but are unable to pay their fine in full, shall perform not more than three (3) years of labor service; the length of their labor service shall be calculated as the number of days in a three-year period proportional to the amount of the fine.
Article 136-3
Article 133, Article 135, and Article 136 shall apply mutatis mutandis to institutions engaging in credit card business.