| Article 5 |
To become a participant of the System, a financial institution shall sign the Financial Derivatives Trade Database Contract with the TPEx.
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| Article 6 |
All financial institutions shall carry out reporting of relevant information in accordance with the Information Reporting and Operation Manuals of the System.
The aforementioned Information Reporting and Operation Manuals shall be separately adopted by the TPEx.
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| Article 7 |
When reporting daily trade data, a financial institution shall enter the data into the System at the time and in the format specified by the TPEx. The time and format for reporting shall be separately provided by the TPEx.
If a financial institution's overseas branch is prohibited by laws or regulations of the country where it is located from providing trade data of its trade counterparties to the TPEx, the financial institution may be exempted from reporting such data, provided that relevant documentary proof is furnished to the TPEx.
When reporting monthly trade data, a financial institution shall enter the data for the preceding month into the System in the format specified by the TPEx by the 15th calendar day of each month. The format for reporting shall be separately provided by the TPEx.
The TPEx may change the reporting time in the preceding Paragraph as it deems necessary.
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| Article 8 |
Procedures concerning the collection, processing, and use, by the TPEx, of data in the financial derivatives trade database, and related measures for protecting confidentiality, shall be separately adopted by the TPEx.
A financial institution shall be liable for compensation for any loss caused to the TPEx from the reporting of trade data pursuant to Article 6 if the cause of such loss is attributable to the financial institution.
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| Article 9 |
Except in cases of trades in which a linked underlying asset is a Taiwan equity security, financial institutions may be exempted from reporting the names and ID numbers of natural-person customers as part of the trade data reported pursuant to Article 6.
For financial derivatives trades between a securities firm or a leverage transaction merchant and a natural person, if a linked underlying asset is a Taiwan equity security, both counterparties shall be required, before trading, to sign a written statement of consent for the use of personal data, and the signed statements shall be retained for future reference.
The consent form referred to in the preceded paragraph is as shown in the Attachment, and the securities firm or leverage transaction merchant may add supplementary provisions as necessary. Nevertheless, the statement shall still ensure that both parties to the trade consent to the collection, processing, and use of their personal data by the competent authority and the TPEx.
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| Article 10 |
Financial institutions are bound to comply with the Personal Data Protection Act when collecting, processing, and using data of natural persons for trade data reporting purposes.
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| Article 11 |
The TPEx may consolidate information within the System to regularly provide information and statistics on the trading of financial derivatives on the market.
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| Article 12 |
The TPEx may offer mechanisms for trade confirmation, transmission of trade data to the clearing house, and early cancellation through the System; financial institutions may participate on a voluntary basis.
When making use of the mechanisms referred to in the preceding paragraph, both counterparties are bound to comply with the TPEx's rules on trade confirmation, transmission of trade data to the clearing house, and early cancellation.
Policies and fee rates pertaining to trade confirmation, transmission of trade data to the clearing house, and early cancellation services shall be determined separately by the TPEx.
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| Article 12-1 |
The TPEx shall enter into an agreement with the clearing house requiring the clearing house to provide to the TPEx, with respect to transactions that have already been centrally cleared, the information on any change to the content of a cleared transaction or early termination of a cleared transaction resulting from the occurrence of any position transfer, netting, compression, default management, or other situation that complies with the rules of the clearing house.
The method of provision and content of the information mentioned in the preceding paragraph shall be determined after negotiation between the TPEx and the clearing house.
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| Article 13 |
In the event that a financial institution is found to be in violation of these Directions, the TPEx shall notify it to make corrections within a given timeframe, and shall duly report the violation to the competent authority.
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