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Title: Standards Governing the Establishment of Managed Futures Enterprises CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 1 General Principles
Article 1
These Standards are promulgated pursuant to Article 82, paragraph 3 of the Futures Trading Act.
Article 2
The term "managed futures enterprises" as used in these Standards refers to enterprises engaged in the business of accepting commissions from specified persons, performing analyses and making judgments with regard to trading or investments, and on the basis of such analyses and judgments, making trades or investments in futures, futures-related commodities, and other items approved by the competent authority on behalf of and with trading assets delegated by the principal.
Article 3
A managed futures enterprises may be operated only upon approval and issuance of a certificate of license by the competent authority.
Without the approval referred to in the preceding paragraph, no person may use the name "managed futures enterprise" or any similar name.
Article 4
The name of a managed futures enterprise shall include the words "managed futures," provided that a managed futures enterprise operated concurrently by another enterprise pursuant to Chapter 3 is not subject to this restriction.
Article 5
Under any of the following circumstances, a person may not act as a promoter, director, supervisor, manager, or associated person of a managed futures enterprise, or if already acting in such capacity, shall be dismissed:
1.The circumstances of any subparagraph of Article 30 of the Company Act.
2.The person was the director, supervisor, managerial officer or other equivalent position of a foundation at the time of bankruptcy adjudication, where less than three years have elapsed since the finalization of the bankruptcy proceedings or where reconciliation has not been completed.
3.The person has a record of having a check refused at a financial institution within the past three years.
4.The person has received a disposition ordering their dismissal or replacement pursuant to Article 100, paragraph 1, subparagraph 2 or Article 101, paragraph 1 of the Futures Trading Act, or Article 56, or Article 66, subparagraph 2 of the Securities and Exchange Act, or Article 103, subparagraph 2 or Article 104 of the Securities Investment Trust and Consulting Act within the past five years.
5.The person has been sentenced under the Futures Trading Act, the Foreign Futures Trading Act, the Company Act, the Securities and Exchange Act, the Securities Investment Trust and Consulting Act, the Banking Act, the Central Bank of China Act, the Statute for Regulation of Foreign Exchange, the Insurance Act, the Credit Union Act, the Trust Enterprise Act, or the Financial Holding Company Act to a punishment not less severe than a fine, and where less than five years has elapsed since full execution of the sentence, the expiration of probation, or the pardon of such punishment.
6.The person is proven to have been improperly used by others to fill a post of promoter, director, supervisor, manager, or associated person of a managed futures enterprise.
7.There is factual proof of the person's having been engaged or involved in other bad faith or improper activities, demonstrating his or her unsuitability to work in the futures industry.
Where a promoter, director, or supervisor is a juristic person, the provisions of the preceding paragraph shall apply mutatis mutandis when the juristic person's representatives or the persons designated by the juristic person carry out business on its behalf.
Article 6
Managed futures enterprises shall establish internal control systems pursuant to the competent authority's Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets and the standards for the internal control systems of managed futures enterprises prescribed by the Chinese National Futures Association ("the Futures Association").
Article 7
The site and facilities for operation of a managed futures enterprise shall conform to the standards for sites and facilities adopted by the Futures Association.
Article 8
A Chinese translation must be supplied for any document in a foreign language that is to be furnished in accordance with these Standards.
Any documents furnished by foreign nationals, except for written declarations or photocopies of passports, shall first undergo legalization by the overseas ROC representative office, certification by the relevant court or government agency, or legalization by a statutory notary agency of the home country of the foreign national.