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Chapter III Concurrent Operation of Securities Investment Consulting Business or Discretionary Investment Business
Section V Futures Trust Enterprises
Article 33
A futures trust enterprise applying to concurrently operate a SICE that conducts discretionary investment business shall meet the following conditions:
1.Has obtained a permission license renewed by the FSC for concurrent operation of a managed futures enterprise.
2.Has net worth per share of not less than par value, as shown in the CPA-audited and attested financial report for the most recent period.
3.Has not, during the last half year, been sanctioned under Article 103, subparagraph 1 of the SITC Act, or Article 100, paragraph 1, subparagraph 1 of the Futures Trading Act.
4.Has not, during the last 2 years, been sanctioned under Article 103, subparagraphs 2 to 5 of the SITC Act, or Article 100, paragraph 1, subparagraphs 2 to 4 of the Futures Trading Act.
5.If it has been sanctioned under any provisions of the preceding two subparagraphs and ordered to achieve improvement, concrete improvement has been achieved.
Article 34
The provisions of Article 10, paragraphs 1 and 6, and Article 17 shall apply mutatis mutandis with respect to a futures trust enterprise applying to concurrently operate a SICE that conducts discretionary investment business.
Article 35
A futures trust enterprise applying to concurrently operate a SICE that conducts discretionary investment business shall, within 6 months from the day the FSC grants permission, apply to the FSC for re-issuance of a business license by filling out and submitting an application form, together with the following documents:
1.A register of qualified personnel, issued by the SITCA after reviewing their qualifications, together with documentary proof of their qualifications.
2.Documentary proof of admission to membership in the SITCA.
3.The CPA-audited and attested financial report for the most recent period. The report is not required, however, if it covers the same period as that covered by the financial report submitted in the application for permission.
4.Documentary proof showing the deposit of an operating bond required by the Discretionary Investment Regulations.
The permission granted to the futures trust enterprise to concurrently operate a SICE that conducts discretionary investment business shall be revoked if it fails to apply for re-issuance of a business license for such concurrent operation within the period set out in the preceding paragraph. Notwithstanding the foregoing, if there is legitimate reason, an application may be filed with the FSC before expiration of that period for a maximum extension of 3 months, one time only.
The futures trust enterprise permitted to concurrently operate a SICE that conducts discretionary investment business may not, except where it has already been concurrently operating securities investment trust business, commence such business unless and until it has become a member of the SITCA.