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Chapter Law Content

Title: Regulations Governing Futures Clearing Houses CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter IV Personnel
Article 31
A futures clearing house shall prescribe its organization rules regarding the organization, personnel, and title of position of its internal divisions and report said rules to the FSC for approval; any amendment to such rules shall also be submitted to the FSC for approval.
Article 32
A futures clearing house shall draft its personnel governance rules regarding recruitment, salary, attendance, award and punishment, training, studying, retirement, severance, compensation etc., and shall report the rules to the FSC for approval; any amendment to the said rules shall also be submitted to the FSC for approval.
A futures clearing house 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 33
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 clearing house. In addition, to serve as a director or supervisor of a futures clearing house, one shall satisfy one of the following qualifications:
1. has at least two years experiences in a futures institution 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 institutions, 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 or managerial work in futures, securities, or financial institution and worked as an appointee level or higher;
4. graduated from national or foreign professional school 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 and supervisors who shall be designated by the FSC pursuant to Article 55 mutatis mutandis applying Article 27 and Article 36 of the Act, the candidates shall meet the qualifications set out in the selection rules of the FSC.
Article 34
No person who falls within the categories specified in Paragraph 1 of Article 28 of the Act shall serve as a manager of a futures clearing house. In addition, to serve as a manager of a futures clearing house, one shall satisfy one of the following qualifications:
1. have at least two years working experiences 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 working experience in futures, securities, or financial institution, and work as manager or in higher or equivalent positions in futures, securities, or financial institutions;
3. has in aggregate at least five years administrative or managerial working experience in futures, securities, or financial institution and worked as an appointee level or higher;
4. has in aggregate at least five years working experience in futures, securities, or financial institution, and worked in a position higher or equivalent to a vice manager of futures, securities, or financial institutions;
5. graduated from national or foreign professional school or with equivalent degree and has fact evidencing his professional knowledge of futures business and is capable to operate futures business with efficiency.
The president and senior vice president shall not perform their duty unless reported to and approved by the FSC.
Article 35
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 clearing house. In addition, an associated person of a futures clearing house shall satisfy any one of the following qualifications;
1. passed the test of futures associated persons held by the FSC or the institutions designated by the FSC;
2. have diploma from a national or foreign professional school or above or with equivalent degree, and worked in the business or financial department of a futures, securities, or financial institution for at least two years.
Article 36
A futures clearing house shall report any changes of its directors, supervisors, and managerial officers to the FSC for review and recordation within five days after such changes.
Article 37
A futures clearing house shall submit the report on the registration or changes of its associated persons to the FSC or other institutions designated by the FSC every month.
Article 38
The managerial officers and associated persons of a futures clearing house shall not work, in any form, or on an honorary basis for futures clearing members, futures commission merchants or any other enterprises which engages in futures business concurrently, except for those approved by the FSC.
Article 39
A futures clearing house shall discharge, terminate, or impose other proper disposition to its managerial officers and associated persons who failed to carry out their mandatory business duties or failed to carry out in a diligent manner.
Article 40
The managerial officers and associated persons of a futures clearing house shall not commit any 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 secrets gained from the business work;
3. Borrowing money from or loaning to persons related to the business;
4. Demands, agrees to accept, or accepts 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 clearing, settlement, 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 shall not commit any one of the actions 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 or representative designated to perform its duty.
Article 41
An associated person of a futures clearing house shall wear the uniform as prescribed when performing his/her business duties in the business place of the futures clearing house, and wear the identification card issued by the futures clearing house; Without registration, an associated person of the futures clearing house shall not perform the duties prescribed in Article 4 of these Regulations.