(Business License and Permission for Establishment of Branches)
Securities investment trust enterprises and securities investment consulting enterprises may begin operations only after obtaining permission from the Competent Authority and being issued a business license.
Securities investment trust enterprises and securities investment consulting enterprises shall obtain permission from the Competent Authority before establishing branch units.
None other than a securities investment trust enterprise or securities investment consulting enterprise may use a name similar to "securities investment trust enterprise" or "securities investment consulting enterprise."

(Operation of Discretionary Investment Business by Means of a Trust)
A securities investment trust enterprise or securities investment consulting enterprise may operate discretionary investment business by means of a trust; where it meets certain conditions, it shall apply under the Trust Enterprise Act to concurrently operate trust business.
"Certain conditions" in the preceding paragraph shall be defined by the competent authority for the Trust Enterprise Act in consultation with the Competent Authority.
Operators of discretionary investment business by means of trusts shall be limited to securities investment trust enterprises, securities investment consulting enterprises, or entities permitted to operate trust business under the Trust Enterprise Act.

(Application to Concurrently Operate Discretionary Investment Business)
A trust enterprise operating business ratified by the competent authority for the Trust Enterprise Act that involves discretionary decision-making in the underlyings utilized, where the trust property is utilized in securities defined in Article 6 of the Securities and Exchange Act, and where certain conditions are met, shall apply to the Competent Authority to concurrently operate discretionary investment business.
"Certain conditions" in the preceding paragraph shall be defined by the Competent Authority in consultation with the competent authority for the Trust Enterprise Act.

(Concurrent Operation of SITEs and SICEs and Concurrent Operation of Other Enterprises by SITEs and SICEs)
it meet the conditions prescribed by the Competent Authority and obtains permission, a securities investment trust enterprise may concurrently operate a securities investment consulting enterprise, and vice versa.
A securities investment trust enterprise or securities investment consulting enterprise that has obtained approval from the Competent Authority may concurrently operate other enterprises.
Securities firms, futures trust enterprises, futures advisory enterprises, managed futures enterprises, or other related enterprises that have obtained permission from the Competent Authority, may concurrently operate securities investment trust enterprises or securities investment consulting enterprises.
Where futures trading accounts for a certain percentage or monetary amount of the issued amount of a securities investment trust fund publicly placed or privately offered by a securities investment trust enterprise, it shall apply to concurrently operate a futures trust enterprise.
The percentage or monetary amount of futures trading under the preceding paragraph shall be prescribed by the Competent Authority.

(Organization and Minimum Paid-In Capital of SITEs and SICEs)
Securities investment trust enterprises and securities investment consulting enterprises may be organized only as companies limited by shares.
The minimum paid-in capital amount of a securities investment trust enterprise or securities investment consulting enterprise shall be fully subscribed by the promoters at the time of incorporation. The amount thereof shall be prescribed by the Competent Authority.

(Disqualifications of Promoters, Responsible Persons, and Associated Persons of SITEs and SICEs)
A person under any of the following circumstances may not serve as a promoter, responsible person, or associated person of a securities investment trust enterprise or securities investment consulting enterprise; where such a person is already serving as a responsible person or associated person, he or she shall be dismissed, and may not serve as a director, supervisor, or manager, and the Competent Authority shall request the competent authority for corporate registration by letter to void or revoke the registration of such person:
1. has previously been convicted by a final and unappealable judgment of a crime under the Organized Crime Prevention Act, and has not completed serving the sentence, or five years have not elapsed since completion of the sentence, expiration of the suspended sentence, or pardon.
2. has previously been sentenced by a final and unappealable judgment to imprisonment for one year or more for fraud, breach of trust, or misappropriation, and has not completed serving the sentence, or two years have not elapsed since completion of the term of sentence, expiration of the suspended sentence, or pardon.
3. has previously been sentenced by a final and unappealable judgment to a sentence of imprisonment or greater severity for misappropriation related to public function or occupation and has not completed serving the sentence, or two years have not elapsed since completion of the sentence, expiration of the suspended sentence, or pardon.
4. has previously been convicted by a final and unappealable judgment of a crime under the Securities and Exchange Act or this Act, and has not completed serving the sentence, or three years have not elapsed since completion of the sentence, expiration of the suspended sentence, or pardon.
5. has previously been sentenced by a final and unappealable judgment to a sentence of imprisonment or greater severity for engaging in business of accepting deposits, managing trust funds or public properties, or handling domestic or foreign remittances in violation of Article 29, paragraph 1, of the Banking Act and has not completed serving the sentence, or three years have not elapsed since completion of the term of sentence, expiration of the suspended sentence, or pardon.
6. has previously been sentenced by a final and unappealable judgment to a sentence of imprisonment or greater severity for engaging in trust business in violation of Article 33 of the Trust Enterprise Act and has not completed serving the sentence, or three years have not elapsed since completion of the sentence, expiration of the suspended sentence, or pardon.
7. has been adjudicated bankrupt and his or her rights have not been reinstated, or previously served as a director, supervisor, manager, or in another equivalent position of a juristic person when such juristic person was adjudicated bankrupt, and three years have not elapsed since the bankruptcy was concluded, or the reconciliation has not been fulfilled.
8. has been refused transaction because of dishonor of a negotiable instrument and transactions have not been reinstated.
9. has no legal disposing capacity or limited disposing capacity, or has been declared by a court to be under assistance and that declaration has not been voided.
10. has been subject to a disposition under Article 56, or subparagraph 2 of Article 66 of the Securities and Exchange Act, or to a disposition of dismissal from duties under subparagraph 2 of Article 103, or Article 104, of this Act, and three years have not elapsed since such disposition.
11. has previously served as a director or supervisor of a securities firm, securities investment trust enterprise, or securities investment consulting enterprise, and during the term of such position, such enterprise was subject to a disposition under subparagraph 3 of Article 66 of the Securities and Exchange Act, or to a disposition of suspension of business or revocation of its permission for operation under subparagraph 4 or 5 of Article 103 of this Act, and one year has not elapsed since such disposition.
12. has been subject to removal or dismissal from duties under Article 100, paragraph 1, subparagraph 2, or Article 101, paragraph 1 of the Futures Trading Act, and five years have not elapsed since such disposition.
13. it has been discovered that the promoter has allowed the use of his or her own name by others for the purpose of acting as a promoter, director, supervisor, manager or associated person of a securities investment trust enterprise or securities investment consulting enterprise.
14. there is factual evidence that the promoter has engaged in or been involved in other dishonest or improper activities, showing the promoter to be unsuitable for engaging in securities investment trust and securities investment consulting business.
Where a promoter, director, or supervisor is a juristic person, the provisions of the preceding paragraph shall apply mutatis mutandis with respect to the exercise of duties by its representative or designated representative.

(Prescription of Regulations for Compliance with Respect to Promoters, Responsible Persons, and Associated Persons of SITEs and SICEs)
The Competent Authority shall prescribe regulations governing personnel requirements, qualification requirements for responsible persons and associated persons, codes of conduct, training, registration deadlines, procedures, and other compliance requirements for securities investment trust enterprise and securities investment consulting enterprises.

(Prescription of Regulations for Compliance in the Conduct of Business Activities of SITEs and SICEs)
The Competent Authority shall prescribe regulations governing restrictions, bans, prohibitions, or other compliance matters in the conduct of advertising, public informational meetings, and other business activities by securities investment trust enterprises and securities investment consulting enterprises.

A person or entity that is not a securities investment trust enterprise or securities investment consulting enterprise may not do any of the following in advertising in connection with securities investment or business solicitation:
1. Mislead people to believe that it has been approved by the Competent Authority to operate securities investment trust, securities investment consulting, or discretionary investment business.
2. Concurrently with engaging in investment analysis, do any customer solicitation or investment inducement for the purpose of providing securities investment advice.
3. Make any representation of guaranteeing of profits or bearing of losses for securities investment.
4. Cite testimonials, letters of appreciation, past performance, or other similar words or representations that could readily lead others to have mistaken faith in the profitability of securities investment.
5. Falsely use the name of any well-known person or company from the political, financial, monetary, video or film, or other domain to recommend, solicit or induce investment in securities.
6. Any other inappropriate recommendation/promotional conduct related to the preceding five subparagraphs.
An internet platform provider, internet application service provider, internet access service provider, or other network communication media enterprise, when publishing or broadcasting any advertisement that is of a person or entity that is not a securities investment trust enterprise or securities investment consulting enterprise and that involves securities investment or business solicitation, shall in the advertisement disclose or specify the commissioning publisher or sponser and other related information.
An internet platform provider, internet application service provider, internet access service provider, or other network communication media enterprise may not publish or broadcast any advertisement that violates either of the preceding two preceding paragraphs. If it subsequently becomes aware of such a violation after publishing or broadcasting an advertisement, it shall, at its own initiative or within a deadline as notified by a judicial police authority, remove the advertisement, restrict browsing of it, cease broadcasting it, or take other necessary measures.
When an internet platform provider, internet application service provider, internet access service provider, or other network communication media enterprise publishes or broadcasts an advertisement that violates paragraph 1 or paragraph 2, it shall be jointly and severally liable with the commissioning publisher and sponsor of the advertisement for damages to anyone who suffers damage because of mistaken belief in the advertisement content or because of being defrauded. However, this shall not apply if it has already taken necessary measures under the latter part of the preceding paragraph.
An enterprise's joint and several liability for damages under the preceding paragraph may be reduced or remitted under any of the following circumstances:
1. It does not receive any property/financial benefit from the publishing or broadcasting of the advertisement.
2. The publishing or broadcasting of the advertisement was not done out of intent or gross negligence.

(Exercise of Duties by Personnel)
Responsible persons, associated persons, and other employees of securities investment trust enterprises and securities investment consulting enterprises are also prohibited from doing, in the course of exercising their duties, any act that an enterprise is prohibited from doing as provided in Article 19, paragraph 1, Article 59, or in an act, regulation, or contract.
Acts done by responsible persons, associated persons, and other employees of securities investment trust enterprises and securities investment consulting enterprises when engaging in business listed in the subparagraphs of paragraph 3 of Article 3 and paragraph 3 of Article 4, where civil liability is involved, are presumed to be acts within the scope of the authorization by the enterprise.

(Prescription of Regulations Governing Conditions for Establishment, Establishment of Departments, Application Procedures, and Required Documents)
The Competent Authority shall prescribe establishment standards governing the conditions for establishment of securities investment trust enterprise and securities investment consulting enterprise companies and branch units, the departments they are required to establish, application procedures, and required documents, and supervisory regulations governing their finances, business, relocation, closure, and other compliance matters.
For concurrent operation of securities investment trust enterprises or securities investment consulting enterprises by other kinds of enterprises, the Competent Authority shall consult with the competent authorities for the target enterprises concerning the establishment and financial and business supervision matters under the preceding paragraph.