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Chapter III Establishment of Foreign Futures Commission Merchants
Article 19
A foreign futures commission merchant establishing a branch office in the territory of the Republic of China ("ROC") shall possess the following qualifications:
1. Is qualified to be a clearing member of a foreign futures exchange that has been publicly announced by the FSC.
2. The applicant possesses international futures business experience in the type of business for which approval is being requested, and is of sound financial standing.
3. Within the last year, it has not been punished in its home jurisdiction by the relevant futures regulatory authority, or by a self-regulatory organization.
Article 20
A foreign futures commission merchant shall, in accordance with the type of business approval it is seeking, allocate the amount specified in Article 8 hereof for operational use by its business office in the territory of the ROC; each branch office approval it obtains shall require the allocation of the monetary amount specified in Article 14 hereof for such branches' operational use.
Where a futures commission merchant applies only to engage in sub-brokered foreign futures trading business and does not accept orders from individual futures traders, it shall specially allocate 50 million New Taiwan Dollars for operational use within ROC territory by its business office; each branch office approval it obtains shall require the allocation of the monetary amount specified in Article 14 hereof.
Article 21
The provisions of Article 9 and Article 13 of these Standards shall apply mutatis mutandis to foreign futures commission merchants.
Article 22
A foreign futures commission merchant applying to the FSC for approval to establish branch offices in the territory of the ROC shall furnish the following documents:
1. an application form;
2. articles of incorporation, or equivalent documents;
3. a business plan stating: business operation principles, the method of risk control, the division of responsibilities among the applicant's internal departments, personnel recruiting and training, a general description of its business facilities, and financial forecasts for the current year and the next year;
4. a futures commission merchant business license issued by the futures regulatory authority or equivalent organization of its home jurisdiction;
5. documents showing compliance with Article 19 of these Standards;
6. a resolution of its board of directors approving the establishment of the branch office in the ROC;
7. a list of directors, managers, and shareholders holding 5 percent or more of the shares of the applicant;
8. the names, nationalities, and domiciles of directors and other responsible persons;
9. the name, nationality, domicile, residence, identity document, and power of attorney of the agent designated for litigious and non-litigious matters in the territory of the ROC;
10. the financial report for the most recent period, audited and attested by a certified public accountant;
11. the power of attorney for the agent designated to apply for approval and establishment of the branch office;
12. a statement by the applicant company attesting that it is willing to provide the FSC with related trading information and records;
13. a case check-list form; and
14. other documents required by the regulations of the FSC.
Article 23
A foreign futures commission merchant shall be required, within 6 months from the date on which the FSC grants an approval for the establishment of a branch office, to complete the incorporation registration of its branch office and furnish the following documents to the FSC for issuance of a business license for the branch office:
1. an application form;
2. a list of managers and associated persons, and their qualification documents;
3. a statement from each manager and associated person declaring that the person does not fall within any of the categories under Article 4;
4. documents showing that the operating bond required under Article 14 of the Regulations Governing Futures Commission Merchants has been deposited;
5. documents showing that the applicant has immediate access to the information of the trading market and the transmission equipment essential to trading;
6. [a description of the] internal control system of the branch office to be established;
7. documents showing compliance with the provisions of Article 6;
8. documents showing compliance with the provisions of Article 20;
9. a case check-list form; and
10. other documents required by the regulations of the FSC.
Where the foreign futures commission merchant fails to apply for a business license for the branch office within the time limit specified in the preceding paragraph, the establishment approval for the branch office shall be invalidated; provided, however, that where legitimate reasons exist, application for an extension may be submitted to the FSC prior to expiration of the time limit. Such extension shall not be longer than 6 months and may be applied for only once.