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Chapter Law Content

Title: Deposit Insurance Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 2 Deposit Insurance and Insured Risk Control
Section 1 Deposit Insurance
Article 10
Financial institutions having been duly approved to accept deposits, postal savings or to be consigned to manage trust funds used for the purpose designated by the financial institutions with guaranteed principal and interest (hereinafter referred to collectively as "deposits") shall apply to the CDIC to participate in deposit insurance and become insured institutions upon review and approval by the CDIC. However, the provision set forth in the aforesaid does not apply to the Taiwan branches of a deposit-taking foreign bank whose deposits have been insured by the deposit insurance system in their home countries.
In the event that any financial institution fails to apply for participation in deposit insurance according to the aforementioned provision, the CDIC shall report to the competent authority or the central competent authority of the agricultural finance depending on whether such institution is a general financial institution or an agricultural financial institution to request the replacement of the persons-in-charge or revoke its license.
Provisions set forth in the preceding two Paragraphs do not apply to the insured institutions that have participated in deposit insurance prior to the enforcement of the Amendment to this Act.
The standards for the documents to be submitted by the financial institutions when applying for the participation in deposit insurance and the verification of application qualification according to Paragraph 1 shall be drawn up by the CDIC and submitted to the competent authority for approval and promulgation.
Article 11
Financial institutions approved as insured institutions by the CDIC shall sign a deposit insurance agreement in writing with the CDIC.
In the event of any modification of this Act and other relevant laws and regulations, stipulations in the deposit insurance agreement relating to such laws and regulations shall also be modified accordingly.
Article 12
The term "deposit insurance" as used in this Act, shall mean an insurance whose insured subjects are the following deposits within the territory of the Republic of China:
1. Checking deposits
2. Demand deposits
3. Time deposits
4. Deposits required by law to be deposited in certain financial institutions
5. Other deposits that the competent authority has approved as insurable
The deposits mentioned in the preceding Paragraph shall not include the following deposits:
1. Negotiable Certificate of Deposits
2. Amounts due to all levels of government agencies
3. Amounts due to the Central Bank
4. Amounts due to banks, postal institutions handling postal savings and remittance businesses, credit cooperatives, farmers' and fishermen's associations with credit departments, and the Agricultural Bank of Taiwan
5. Other deposits that the competent authority has approved as uninsurable
The deposits within the territory of the Republic of China mentioned in Paragraph 1 shall exclude deposits of offshore banking branches established by banks.
Article 13
The maximum insurance coverage that the CDIC offers to each depositor of any insured institution shall be determined by the competent authority along with the Ministry of Finance and the Central Bank.
The aforementioned maximum insurance coverage shall mean the maximum amount of deposit principal and its accrued interest until the final business day at the same insured institution being covered by deposit insurance. The CDIC shall use New Taiwan Dollars as the payout currency in fulfilling its insurance responsibilities.
For employee pension accounts opened by organizations, business entities or groups at insured institutions, if the account records and amount of each employee's pension may be clearly distinguished and provided by insured institutions, and insurance premiums for individual pension accounts are paid by insured institutions, the pension of such individual employee and other deposits thereof at the same insured institution shall be protected within the maximum coverage respectively and shall not be limited by the stipulations in the preceding two Paragraphs.
Article 14
The assessment base shall be calculated based on the total liabilities over underlying deposits after subtracting the uninsured deposits mentioned in Paragraph 2 of Article 12 and shall be calculated once every semiannual period; the standard dates for calculating such base shall be determined by the CDIC.
Article 15
Insured institutions shall report the total amount of liabilities over the underlying deposits and assessment base to CDIC and make payment of insurance premium within one month of the standard dates mentioned in the preceding Article; the payment methods shall be decided by the CDIC.
Article 16
The ratio of the remaining amount of each account of the insurance payout special reserves of the CDIC to the insured deposits under the maximum insurance coverage shall be targeted at 2 %.
The deposit insurance premium rates may be differentiated based on the operational risks of the insured institutions, and may be adjusted according to the achievement of the target ratio mentioned in the preceding Paragraph.
The above-mentioned insurance premium rates shall be drawn up by the CDIC and submitted to the competent authority for its approval.
Article 17
Insured institutions shall indicate the fact, according to the forms and contents prescribed by the CDIC, that the deposits are insured at each of their business locations and indicate in their financial products whether such products are insured or uninsured by deposit insurance.
Article 18
Insured institutions shall not use the deposit insurance premium rate or relevant information thereof as advertisement.
Article 19
Prior to distribution of stock dividends and bonuses, as well as remuneration to the directors of the board and supervisors, insured institutions shall complete payment of the insurance premium to the CDIC.
Article 20
Upon fulfillment of insurance responsibilities, provision of financial assistance, establishment of a bridge bank or processing of advance payments by the CDIC, if the recovered amount is less than cost expended, the difference shall be written off from the insurance payout special reserves. Any further deficiencies shall be recorded in the deferral account and written off from the insurance payout special reserves in the subsequent years.
Article 21
In the event that an insured institution stops taking deposits, it shall notify the CDIC in writing to terminate the deposit insurance agreement.