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Chapter Law Content

Title: Financial Consumer Protection Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 1 General Principles
Article 1
This Act is specifically enacted to protect the interests of financial consumers and to fairly, reasonably, and effectively handle financial consumer disputes, thereby reinforcing the confidence of financial consumers in markets and promoting the sound development of financial markets.
Article 2
The competent authority for this Act is the Financial Supervisory Commission (FSC).
Article 3
The term "financial services enterprise" as used in this Act includes banking enterprises, securities enterprises, futures enterprises, insurance enterprises, electronic payment enterprises, and enterprises in other financial services as may be publicly announced by the competent authority.
The terms "banking enterprises," "securities enterprises," "futures enterprises," and "insurance enterprises" as used in the preceding paragraph shall take the definitions set out in Article 2, paragraph 3 of the Organic Act Governing the Establishment of the Financial Supervisory Commission; provided, however, that securities exchanges, over-the-counter securities exchanges, central securities depositories, futures exchanges, and enterprises in other financial services as may be publicly announced by the competent authority are not included within the meaning of these terms.
The term "electronic payment enterprises" as used in paragraph 1 means electronic payment institutions as defined in Article 3, subparagraph 1 of the Act Governing Electronic Payment Institutions.
Article 4
The term "financial consumer" as used in this Act means parties that receive financial products or services provided by a financial services enterprise; provided, however, that it does not include the following:
1.Qualified institutional investors; or
2.Natural persons or juristic persons with a prescribed level of financial capacity or professional expertise.
The meanings of the terms "qualified institutional investors" and "prescribed level of financial capacity or professional expertise" as used in the preceding paragraph shall be prescribed by the competent authority.
When a financial services enterprise assists a natural person or juristic person that does not meet the conditions of the preceding paragraph to fraudulently appear to meet the conditions, the natural person or juristic person is still the financial consumer mentioned in this Act.
Article 5
The term "financial consumer dispute" as used in this Act means a civil dispute between a financial consumer and a financial services enterprise over a product or service.
Article 6
The liability of a financial services enterprise to a financial consumer as set out in this Act shall not be limited or exempted by prior stipulation.
If the preceding paragraph is violated, the stipulation at issue shall be invalid.