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Provisions regarding securities brokers:
- The place of business of a securities broker shall include the following:
- A trading counter dedicated to brokerage trading of securities (including a trading counter for brokerage trading of securities over the centralized exchange).
- A multifunction service counter.
- A trading room exclusively for processing orders not made in person.
- Other business areas.
The places of business referred to in the preceding paragraph shall be conspicuously indicated.
- Appropriate and complete public information or equipment shall be available at a place of business for investors' reference and use.
- No brokerage trading of securities may take place at premises or facilities other than trading counters and trading rooms.
- Procedure for applying for the installation or change of the premises of places of business of securities firms:
- Prior to use, a newly established or relocated place of business shall be inspected by personnel dispatched from the Taipei Exchange (TPEx) (to ensure that furnishings are complete and ready for immediate use), amendment of registration shall be completed, and re-issuance of the permit and certificate of license, where required, shall also be completed. However, if the place of business has already been inspected by the Taiwan Stock Exchange (TWSE) and it has issued a certificate of satisfactory inspection, the TPEx will merely conduct a documentary review.
- If there is any expansion or downsizing of a place of business, trading counter, multifunction service counter, other business areas or sites, or the trading room exclusively for processing orders not made in person, a report containing a floor plan and photographs shall be filed with the TPEx prior to use.
- Other business areas:
- Prior to use of an area for consulting business, a floor plan and photographs (and, for the initial establishment of the area for such business, a photocopy of the competent authority's letter of permission for concurrent operation of a consulting business or a photocopy of a permit and certificate of license for the consulting business) shall be submitted to the TPEx for approval, and amendment registration shall also be filed.
- A securities firm that operates trust-type wealth management business shall file for approval and recordation with the TPEx, and must obtain the approval from the TPEx before using the area for such business, and also must complete the procedure for the re-issuance of the permit and certificate of license, if such re-issuance is required, before using the area for such business.
- For other business areas, amendment registration shall be filed with the TPEx within 15 days after use of the area begins.
A securities broker or its branch office shall notify the TPEx by letter when any alteration is made in the site facilities or their use within the original place of business; with the exception of those not requiring amendment registration or re-issuance of a permit and certificate of license, the procedures shall be the same as in the preceding paragraph.
Securities firms that have already entered with the TWSE into a Contract for Use of the Centralized Securities Exchange Market are not required to further make written reports to the TPEx of the information in items B and C.
- The trading room specially set up for a securities broker to accept trading orders not made in person shall have access control in place.
- Standards governing the premises and facilities of a securities firm that concurrently operates other securities related business shall conform to the provisions applicable to such other securities business.
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Provisions regarding securities dealers:
- A securities dealer's place of business shall be equipped with terminal equipment for competitive bidding for proprietary trading.
- A securities dealer that concurrently conducts proprietary securities trading and proprietary futures trading may use the same equipment for both.
- The place of business for proprietary securities trading in a securities firm shall be clearly separated from the venue for securities brokerage.
- When a place of business is established or relocated, the TPEx shall be notified by letter to dispatch personnel for an on-site inspection, and operations may begin only after the inspectors indicate conformance with the standards set out above. However, if the place of business has already been inspected by the TWSE and it has issued a certificate of satisfactory inspection, the TPEx will merely conduct a documentary review. In the event that a place of business is expanded or downsized, a report containing floor plans and photographs shall be filed with the TPEx for recordation prior to use.
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Provisions regarding cross-selling and cooperative promotions by a securities firm:
A securities firm that satisfies the conditions prescribed by the competent authority, when engaging in cross-selling and cooperative promotion at its place of business, shall clearly indicate the name and services of each company concerned that provides cross-selling services.
Where a securities firm sets up a cross-selling or cooperative promotion services section at the place of business of another enterprise, it shall conform to the requirements of the competent authority of such other enterprise and additionally make a report to the TPEx in advance pursuant to Point 1.4.B. In the event of any change or withdrawal, the securities firm shall report to the TPEx for recordation within 15 business days after the change or withdrawal. A securities firm that has already entered with the TWSE into a Contract for Use of the Centralized Securities Exchange Market is not required to further report on these matters to the TPEx.
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The premises and facilities of other enterprises that concurrently operate securities related business shall comply with the provisions of Points 1 and 2 of these Standards.
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Provisions regarding premises where equity crowdfunding business is operated:
- The securities firm shall set up an Internet crowdfunding platform website and information disclosure system to disclose the basic information of and other relevant information on the companies being crowdfunded, and at the same time shall also put in place information and communications security control mechanisms.
- The crowdfunding business area of a securities firm shall be clearly segregated from the securities firm's other departments or businesses (except in the case of a securities firm that operates only equity crowdfunding business).
- When the place for such business is established or relocated, a report containing floor plans, photographs, and the Cyber Security Operations Checklist shall be filed with the TPEx by letter, and operation may begin only after the TPEx has reviewed and found them to conform with the standards set out above. The same shall apply in the event of any downsizing or expansion of the place for such business. The aforesaid Cyber Security Operations Checklist shall be separately prescribed by the TPEx.
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Provisions regarding premises where the business of proprietary trading of security tokens is operated:
- The securities firm shall set up a trading platform, including at least a specific section for information disclosures, to be used exclusively for disclosures of financial and business information by issuers, and an information platform with functions for issuance, trading, settlement, and custody, and at the same time shall also put in place information security control mechanisms.
- The area where the securities firm operates the business of proprietary trading of security tokens shall be clearly segregated from its other departments or businesses.
- When the place for such business is established or relocated, a report containing floor plans, photographs, and an evaluation report issued by a CPA on the information systems and security control operations shall be filed with the TPEx by letter, and operation may begin only after the TPEx has reviewed and found conformance with the standards set out above. The same shall apply in the event of any downsizing or expansion of the place for such business.
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Provisions regarding premises where brokerage business for trading and exchanging beneficial certificates of funds is operated:
- The securities firm shall set up a trading platform, including at least a specific section for disclosures of information including the funds' basic information, risk/return rating, and net asset value, and an information platform with functions including trading and settlement functions, and at the same time shall also put in place information security control mechanisms.
- The business area where the securities firm operates the brokerage business for trading and exchanging beneficial certificates of funds shall be clearly segregated from its other departments or businesses.
- The above business area shall have dedicated telephones and faxes, and be equipped with the necessary information transmission equipment for the execution of fund selling business, and shall have access control in place.
- When the place for such business is established or relocated, the floor plans, photographs, and Cyber Security Operations Checklist shall be filed with the TPEx by letter, and operation may begin only after the TPEx has reviewed and found conformance with the standards set out above. The same shall apply in the event of any downsizing or expansion of the place for such business.
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A securities firm that intends to relocate its place of business shall submit the following documents to the competent authority through the TPEx to seek approval (a securities firm that has already entered with the TWSE into a Contract for Use of the Centralized Securities Exchange Market is not required to further report on these matters to the TPEx):
- Employee placement plan.
- Minutes of consultation meetings between the firm and the corporate union or of labor-management meetings (applicable to firms without a corporate union).
- Other documents required by the competent authority.
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No securities firm may install any information equipment for competitive bidding at any related premises or facilities outside its place of business.
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Any leasing out of idle assets or subleasing out of leased business premises by securities firms shall be governed by the TPEx Directions for the Leasing Out of Idle Assets and the Subleasing Out of Leased Business Premises by Securities Firms.
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The standards for the establishment of a securities firm's premises and facilities for providing digital services shall be handled in accordance with the Operation Guidelines for the Provision of Digital Services by Securities Firms.
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In the event that the competent building administration authorities of the county or city government declare the place of business of a securities firm to be an unsafe structure or to be in violation of relevant codes and issue an order to discontinue use of the venue, or in the event the securities firm fails to effect improvement or take other necessary measures following an order to effect improvement within a specified time period, the TPEx may handle the matter in accordance with Article 98 of the Rules Governing Securities Trading on the TPEx.
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