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Chapter IV Other Enterprises Applying for Concurrent Operation of Futures Businesses
Section 3 Foreign Securities Firms or Financial Institutions
Article 39
A foreign securities firm or financial institution that has received approval from its home jurisdiction may apply for approval for its branch offices located in the territory of the ROC to concurrently operate futures business.
Article 9, Article 10, Article 24, Article 26, the proviso of Article 27, Article 32, and Article 33 of these Standards shall apply mutatis mutandis to a foreign securities firm or financial institution applying for approval for its branch offices located in the territory of the ROC to concurrently operate futures business.
Article 40
A foreign securities firm or financial institution applying for approval for its branch offices located in the territory of the ROC to concurrently operate futures business shall allocate exclusively earmarked operating capital in the amount specified under Article 8 of these Standards, with the amount depending on the type of futures business to be operated concurrently.
A foreign securities firm or financial institution may apply under any one of the following provisions to operate futures brokerage services concurrently, and to allocate exclusively earmarked operating capital:
1. A firm applying to concurrently operate domestic stock futures along with options contract brokerage services shall allocate 50 million New Taiwan Dollars as exclusively earmarked operating capital.
2. A firm applying to concurrently operate domestic interest rate futures along with options contract brokerage services shall allocate 50 million New Taiwan Dollars as exclusively earmarked operating capital.
3. A firm applying to concurrently operate domestic stock futures, options contract brokerage services, and domestic interest rate futures contract brokerage services shall allocate 80 million New Taiwan Dollars as exclusively earmarked operating capital.
4. A firm applying to concurrently operate domestic futures and options contract brokerage services shall allocate 100 million New Taiwan Dollars as exclusively earmarked operating capital.
The funds allocated by a foreign securities firm or financial institution for operational use within ROC territory shall not be lower than the sum of the exclusively earmarked operating capital required to be allocated in connection with an application for concurrent operation of future business plus the minimum allocated operating capital requirement specified in Article 29, paragraph 1 of the Standards Governing the Establishment of Securities Firms. Where the amount is insufficient, capitalization shall be increased.
Article 41
Foreign securities firms or financial institutions applying for approval for their branch offices located in the territory of the ROC to concurrently operate futures business shall be limited to companies that already operate futures business, and they shall apply to the FSC by furnishing the following documents:
1. an application form;
2. a photocopy of the applicant's business license;
3. articles of incorporation, or equivalent documents;
4. a business plan stating: futures business operation principles, the method of risk management, 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 futures department for the current year and the next year;
5. rules governing how to separate the risks associated with the securities and futures businesses, and how to handle conflicts of interest;
6. documents showing that the applicant has obtained the approval of its home jurisdiction for the branch office to concurrently operate futures business;
7. approval documents for the foreign financial institutions issued by the competent authority of the relevant business industry;
8. resolution of the applicant's board of directors approving the establishment of the branch office in the ROC;
9. a list of directors, managers, and shareholders holding 5 percent or more of the total shares of the applicant;
10. the names, nationalities, and addresses of directors and other responsible persons;
11. a case check-list form; and
12. other documents required by the regulations of the FSC.
Article 42
Foreign securities firms or financial institutions applying for concurrent operation of futures business shall be required, within 6 months from the date on which the FSC grants the approval, to furnish the following documents to the FSC for issuance of a business license:
1. an application form;
2. [a description of the] internal control system for the operation of futures business;
3. a list of managers and associated persons who will be involved in the administration of futures business matters, and their qualification documents;
4. a statement from each manager and associated person who will be involved in the administration of futures business matters declaring that he/she does not fall within any of the categories under Article 4;
5. documents showing that the operating bond required under Article 14 of the Regulations Governing Futures Commission Merchants has been deposited;
6. documents showing compliance with Article 40;
7. documents showing that the applicant has immediate access to the information of the trading market and the transmission equipment essential to trading;
8. documents showing that the applicant has permission to engage in the trading of futures in a futures exchange;
9. documents showing that the applicant has permission to process settlement and clearing with a futures clearing house;
10. documents showing compliance with the provisions of Article 6;
11. a case check-list form; and
12. other documents required by the regulations of the FSC.
Where a foreign securities firm or financial institution fails to apply for approval and issuance of a business license within the time limit specified in the preceding paragraph, the approval 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.