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Title: Regulations Governing Futures Exchanges CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter II Management and Supervision
Section II Organization and Personnel
Article 25
A futures exchange shall prescribe its organization rules regarding the organization, number of personnel, and title of position of its internal divisions and report the same to the FSC for approval; any amendments to the said rules shall also be submitted to the FSC for approval.
Article 26
A futures exchange shall draft its personnel governance rules regarding recruitment, salary, attendance, award and discipline, training, studying, retirement, severance, compensation etc., and shall report such rules to the FSC for approval; any amendment to the said rules shall also be submitted to the FSC for approval.
A futures exchange shall not pay its personnel salary under any other titles except for those specified in the personnel governance rules as referred to in the preceding Paragraph.
Article 27
No person who falls within the categories specified in Paragraph 1 of Article 28 of the Act shall serve as a director or supervisor of a futures exchange. In addition, to serve as a director or supervisor of a futures exchange one shall satisfy one of the following qualifications:
1. has at least two years of experience in futures institutions and had worked in the position as the manager or higher position of a futures institution or other equivalent positions;
2. has at least five aggregate years of experience in futures, securities, or financial institution, and worked as a manager or higher or other equivalent positions in such institutions;
3. has at least five aggregate years of experience in administrative agencies regulating futures, securities, or financial industries and held a job position at the rank of intermediate civil servant (grade 6 to 9) or higher or an equivalent position;
4. graduated from domestic or foreign junior college or higher or with equivalent degree and has fact evidencing his futures related professional knowledge and is capable to operate futures business with efficiency.
If the director or supervisor is a juristic person, the preceding Paragraph shall apply mutatis mutandis to its (statutory) representative or representative designated to perform its duty.
For directors or/and supervisors who shall be designated by the FSC pursuant to Article 27 and Article 36 of the Act, the candidates shall meet the qualifications set out in the selection rules of the FSC.
Article 28
No person who falls within the categories specified in Paragraph 1 of Article 28 of the Act shall serve as a managerial officer of a futures exchange. In addition, to serve as a managerial officer of a futures exchange, one shall satisfy one of the following qualifications:
1. has at least two years of experience in futures institutions and worked as the manager or higher position of a futures institution or in other equivalent positions;
2. has in aggregate at least three years of experience in futures, securities, or financial institution, and worked as a manager or a higher position or equivalent positions in futures, securities, or financial institutions;
3. has in aggregate at least five years of experience in futures, securities, or financial institutions, and worked as a vice manager or a higher position or equivalent positions of futures, securities, or financial institutions;
4. has in aggregate at least five years of experience in administrative agencies regulating futures, securities, or financial industries and held a job position at the rank of intermediate civil servant (grade 6 to 9) or higher or an equivalent position;
5. graduated from a domestic or foreign junior college or with equivalent degree and has fact evidencing his professional knowledge of the futures business and is capable of performing such position.
The president and senior vice president shall not perform their duty unless reported to and approved by the FSC.
Article 29
No person who falls within the categories specified in Paragraph 1 of Article 28 of the Act shall be employed as an associated person of a futures exchange. In addition, an associated person of a futures exchange shall satisfy any one of the following qualifications;
1. passed the test of futures associated person held by the FSC or the institutions designated by the FSC;
2. has diploma from a domestic or foreign junior college or above, and worked in the business or financial department of a futures, securities, or financial institution for at least two years.
Article 30
A futures exchange shall report any changes of its directors, supervisors, and managerial officers to the FSC for review and recordation within five days after such changes occur.
Article 31
A futures exchange shall submit the report on the registration and changes of its associated persons to the FSC or other institution designated by the FSC every month.
Article 32
The managerial officers and associated persons of a futures exchange shall not work, in any form, or accept a honorary position in any futures commission merchants or other enterprises which concurrently engage in futures business except as otherwise approved by the FSC.
Article 33
A futures exchange shall discharge, fire, or impose other proper disposition against its managerial officers and associated persons who failed to carry out its mandatory business duties or failed to carry out the duties in a diligent manner.
Article 34
The managerial officers and associated persons of a futures exchange shall not commit any one of the following acts:
1. using the information gained from their business work to participate directly or indirectly in futures trading;
2. in response to inquiries made not in accordance with the laws, disclosing secretes obtained from the business work;
3. Borrowing money from or loaning to persons related to the business;
4. Demands, agrees to accept, or accepts any improper benefit for a business act or a breach of his business responsibilities;
5. Failed to withdraw from duties which involves in his/her own interests;
6. has any deceptive, fraudulent practice or other actions which may mislead others, when engaging in transactions on the centralized futures market, margin, and premium administration and surveillance;
7. other violation of futures regulations, or of actions required or prohibited under the rules of the FSC.
The directors, supervisors, or members of any one of the committees or other persons in equivalent positions of a futures exchange shall not commit any of the acts specified in the preceding Paragraph.
If the director, supervisor, or member of any one of the committees is a juristic person, the first Paragraph shall apply mutatis mutandis to its (statutory) representative designated to perform its duty.
Article 35
An associated person shall wear the uniform as prescribed when performing his/her business acts in the business place of the futures exchange or centralized trading market, and shall wear the identification badge issued by the futures exchange; Without registration, the associated persons of the futures exchange shall not perform the duties prescribed in Article 3 of these Regulations.