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Title: Standards Governing the Establishment of Futures Trust Enterprises CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter V Supplementary Provisions
Article 44
With the exception of banks that concurrently operate trust business under Article 3, paragraph 1 of the Trust Enterprise Act, enterprises applying to concurrently operate a futures trust enterprise pursuant to Chapter III shall be confined to exclusively operated enterprises.
Article 45
After obtaining the permission license from the competent authority to concurrently operate a futures trust enterprise, a managed futures enterprise intending to reorganize itself as a futures trust enterprise that concurrently operates a managed futures enterprise shall apply to the competent authority for permission by filling out and submitting an application form, together with the following documents:
1.A photocopy of the permission license for the managed futures enterprise to concurrently operate a futures trust enterprise.
2.Shareholders meeting minutes specifying the resolution to reorganize the enterprise into a futures trust enterprise and to concurrently operate a managed futures enterprise.
3.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
If the application referred to in the preceding paragraph is approved by the competent authority, the enterprise shall, within 6 months from the day the competent authority issues permission, duly amend its articles of incorporation and complete company amendment registration indicating its reorganization as a futures trust enterprise that concurrently operates a managed futures enterprise, and apply to the competent authority for permission license re-issuance by filling out and submitting an application form, together with the following documents:
1.A photocopy of the letter of permission granted in response to the managed future enterprise's application to reorganize itself into a futures trust enterprise that concurrently operates a managed futures enterprise, the articles of incorporation, and documentary proof of company amendment registration.
2.Documentary proof that public announcement has been made pursuant to Article 10 of the Regulations Governing Futures Trust Enterprises.
3.Written statement that the particulars set out in the application and its attachments contain no misrepresentation or nondisclosure.
The permission granted to a managed futures enterprise for reorganization will be revoked if the permission holder fails to apply for permission license re-issuance for such reorganization within the period set out in the preceding paragraph. Notwithstanding the foregoing, if there is legitimate reason, an application may be filed with the competent authority before expiration of that period for a maximum extension of 6 months, one time only.
Article 46
With the exception of a futures trust enterprise concurrently operated by a trust enterprise, which shall apply for registry pursuant to the Trust Enterprise Act and its relevant regulations, a futures trust enterprise shall pay a license fee in accordance with the following subparagraphs when applying to the competent authority for issuance of the permission license:
1.When a futures trust enterprise is established, 1/4,000th of the minimum paid-in capital as set out in Article 11, paragraph 1.
2.When a futures trust enterprise establishes a branch unit, NT$3,000.
3.When a managed futures enterprise concurrently operates a futures trust enterprise, 1/4,000th of the minimum paid-in capital as set out in Article 19, paragraph 1, subparagraph 2.
4.When a SITE concurrently operates a futures trust enterprise, 1/4,000th of the minimum paid-in capital as set out in Article 25, paragraph 1, subparagraph 2.
5.When a SITE that concurrently operates a futures trust enterprise applies to conduct the business of offering and selling beneficial certificates of futures trust funds at a branch unit, NT$3,000.
A futures trust enterprise applying to the competent authority for permission license re-issuance shall pay a license fee of NT$1,500.
A managed futures enterprise that, after commencing the concurrent operation of a futures trust enterprise, applies to the competent authority for permission license re-issuance to reorganize itself into a futures trust enterprise that concurrently operates a managed futures enterprise shall pay a license fee of NT$1,500.
The license fee is not required if permission license re-issuance is applied for because of a change of address due to administrative re-districting or re-numbering of street address plate numbers.
Article 47
If any application documents submitted under these Standards are incomplete or contain incomplete information, and the competent authority imposes a deadline for supplementation or correction and the deadline is not met, the application will be dismissed.
Article 48
The format of documents required by these Standards will be prescribed by the competent authority.
Article 49
These Standards shall come into force from the date of issuance.