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Title: Regulations Governing the Issuance of Call (Put) Warrants by Issuers CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter I General Principles
Article 1
These Regulations are adopted pursuant to Article 22, paragraph 4 of the Securities and Exchange Act (the "Act").
Article 2
The issuance of call (put) warrants, except for where otherwise provided for by law or regulation, shall be governed by these Regulations.
The term "call (put) warrant" as used in these Regulations means a security which is issued by a third party other than the company issuing the underlying security, and which represents that the holder is entitled to buy from or sell to such third party the underlying security at the exercise price during the option period or on a specified maturity date, or to collect a spread by settlement in cash.
Article 3
The term "issuer" as used in these Regulations means a third party, other than the issuing company of the underlying security, that is concurrently engaged in the following three businesses: securities underwriting, proprietary dealing, and brokerage or intermediary services.
An issuer that is a foreign institution shall submit an approval letter or a performance undertaking from its board of directors, after which a branch unit within the territory of the Republic of China (ROC) or a branch unit established in ROC territory by a directly or indirectly wholly-owned subsidiary shall submit an application in the name of the foreign entity. The business operated by the aforementioned subsidiary or ROC-based branch unit shall comply with the provisions of the preceding paragraph.
If a foreign institution as referred to in the preceding paragraph has established a branch office within ROC territory through its directly or indirectly wholly owned subsidiary, the branch office shall be designated to be responsible for carrying out matters related to the issuance and exercise of the warrants and disclosure of relevant information.
Article 4
The fact that it has received accreditation as a qualified issuer of call (put) warrants may not be cited by an issuer in its publicity either as proof of the veracity of its application particulars, or as guarantee of the value of its call (put) warrants.