Article 112 |
A person shall be punished with imprisonment for a period not exceeding seven years and in addition thereto may be fined a criminal fine of not more than three million New Taiwan Dollars (NT$3,000,000) for any of the following offenses:
- without approval, to engage in the operation of a futures exchange or any related business of a futures exchange;
- without approval, to engage in the operation of a futures clearing house;
- the violation of the provisions of Paragraph 1 of Article 56;
- without approval, to engage in the business of a leverage transaction merchant;
- without approval, to engage in the business of a futures trust enterprise, managed futures enterprise, futures advisory enterprise or any other related futures services enterprises;
- the violation of the provision of Paragraph 1 of Article 84 by any futures trust enterprise in raising a futures trust fund; or
- the violation of Article 106, Article 107, or Paragraph 1 of Article 108.
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Article 113 |
Any director, supervisor, manager, mandatary, or employee of a futures exchange, futures clearing house, or futures trust enterprise who demands, agrees to accept, or receives any illegitimate profit in connection with the performance of his duty shall be punished with imprisonment for a period not exceeding five years, detention, or in addition thereto a criminal fine of not more than two million four hundred thousand New Taiwan Dollars (NT$2,400,000)
Any person referred to in the preceding Paragraph who demands, agrees to accept, or receives any illegitimate profits for actions in contravention of his duty, shall be punished with imprisonment for a period not exceeding seven years, detention, and/or a criminal fine of not more than three million New Taiwan Dollars (NT$3,000,000)
The profits received by the person who committed the offenses specified in the preceding two Paragraphs shall be confiscated. If the whole or partial portion of the profits cannot be confiscated, the value thereof shall be disgorged from the offender.
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Article 114 |
Any person who offers, promises, or delivers illegitimate profit to any person who acts in contradiction to his duty as specified in the preceding Article shall be punished with imprisonment for a period not exceeding three years, detention, and/or a criminal fine not exceeding two million New Taiwan Dollars (NT$2,000,000).
The punishment of the offense specified in the preceding Paragraph may be pardoned if the offender voluntarily surrenders himself to the law enforcement authorities.
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Article 115 |
A person shall be punished with imprisonment for a period not exceeding three years, detention, and/or a criminal fine of not more than two million and four hundred thousand New Taiwan Dollars (NT$2,400,00) for any of the following offenses:
- making false representation or omission in the contents of the application materials required under Paragraph 1 of Article 8, Paragraph 1 of Article 45, Paragraphs 2 to 4 of Article 56, Paragraphs 2 and 3 of Article 80, Paragraphs 1 and 2 of Article 82, and Paragraph 1 of Article 84;
- the violation of the provisions of Article 71;
- the violation of Article 81 mutatis mutandis applying Article 71 thereunder by a leverage transaction merchant;
- making false statement in the accounting books, documents or other related articles or reporting materials required to be produced under an order from the Competent Authority issued pursuant to Article 98; or
- making false statement in the accounting books, documentary evidence, financial statement or any other business documents filed by any futures exchange, futures clearing house, futures enterprise, or futures association as required by law or by orders issued by the Competent Authority under the laws.
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Article 116 |
A person shall be punished with imprisonment for a period not exceeding three years, detention, and/or a criminal fine of not more than two million New Taiwan Dollars (NT$2,000,000) for any of the following offenses:
- the violation of the provisions of Article 5 or Article 63;
- the violation of Paragraph 2 of Article 13, except where the provider does not know that it is an illegal futures exchange or is engaging in illegal futures exchange business;
- the violation of Article 81 mutatis mutandis applying Article 63 thereunder by the responsible person, associated person, or any other employees of a leverage transaction merchant; or
- the violation of Article 88 mutatis mutandis applying Article 63 thereunder by the responsible persons, associated person or any other employees of a futures services enterprise.
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Article 117 |
A person shall be punished with imprisonment for a period not exceeding one year, detention, and/or a criminal fine of not more than one million eight hundred thousand New Taiwan Dollars (NT$1,800,000) for any of the following offenses:
- the violation of the provisions of Article 12, Article 19, or Article 29; or
- the violation of Article 55 mutatis mutandis applying Article 19 or Article 29 thereunder by a futures clearing house.
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Article 118 |
Where a representative, agent, associated person or any other employee of a juristic person committed the following offenses in connection with the performance of his/her duty, in addition to the punishment imposed on the person in violation of the law pursuant to Article 116 and Article 117, the criminal fines stipulated under each applicable Article shall also be imposed on the juristic person:
- the violation of the provisions of Article 19, Article 29, or Article 63;
- the violation of the provisions of Article 55 mutatis mutandis applying Article 19 or Article 29 thereunder; or
- the violation of the provisions of Article 81 or Article 88 mutatis mutandis applying Article 63 thereunder.
Before the crimes referred to in the preceding Paragraph have been discovered, if the juristic person on its own accord file a complaint or report the crime, the punishment hereunder may be reduced or remitted.
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Article 119 |
A person shall be punished with an administrative fine of not less than one hundred twenty thousand New Taiwan Dollars (NT$120,000) but not more than six hundred thousand New Taiwan Dollars (NT$600,000) for committing any of the following offenses:
- the violation of the provisions of Article 10, Article 18, first part of Paragraph 2 of Article 45, Paragraph 4 of Article 56, Paragraph 1 of Article 57, Article 64, Paragraph 1 of Article 65, Paragraph 1 of Article 66, Article 67, Paragraph 1 of Article 70, Paragraph 1 of Article 72, Article 73, Article 74, Paragraph 1 of Article 78, Paragraph 3 of Article 80, Paragraph 2 of Article 82, Paragraph 1 of Article 85, Paragraph 1 of Article 87, Paragraph 1 or Paragraph 3 of Article 97-1, Paragraph 2 of Article 104, or Article 105 of this Act;
- the violation of the orders issued pursuant to the provisions of Paragraph 2 of Article 8, last part of Paragraph 2 of Article 45, Paragraph 5 of Article 56, Paragraph 4 of Article 80, Paragraph 3 of Article 82, or Paragraph 2 of Article 85 of this Act;
- a futures clearing house acting in violation of the provision of Article 55 mutatis mutandis applying Article 18 of this Act;
- a futures commission merchant acting in violation of the provisions of Article 79 mutatis mutandis applying Article 18 of this Act;
- a leverage transaction merchant acting in violation of the provisions of Article 81 mutatis mutandis applying Article 18, Paragraph 1 of Article 57, Article 64, Paragraph 1 of Article 65, Paragraph 1 of Article 66, Article 67, Paragraph 1 of Article 70, Paragraph 1 of Article 72, Article 73 and Article 74, or Paragraph 1 of Article 78 of this Act;
- a futures service enterprise acting in violation of the provisions of Article 88 mutatis mutandis applying Article 18, Paragraph 1 of Article 57, Article 64, Paragraph 1 of Article 65, Paragraph 1 of Article 66, or Article 74 of this Act.
- failure to furnish accounting books, documentary evidence or other related articles or reporting materials within the period specified in an order issued by the Competent Authority, or any refusal or impediment of the inspection initiated by the Competent Authority pursuant to the provisions of Article 98;
- failure on the part of a futures exchange, futures clearing house, futures enterprise, or futures association to prepare, register, publicly announce, maintain, or keep the accounts, documentary evidence, financial statement or other relevant business documents according to law or as required by orders issued by the Competent Authority;
- refusal to comply with the investigation initiated by the Competent Authority pursuant to Article 99, to provide related documents, or to attend the hearing at the office of the competent authority for examination without justifiable cause.
Where a person who has committed any act referred to in Item 1, or Item 3 to Item 8 of the preceding Paragraph and has been punished with an administrative fine and ordered by the Competent Authority to take corrective actions within a given time limit but fails to act within the defined period, the Competent Authority may set a new compliance period and successively impose an administrative fine of not less than two hundred forty thousand New Taiwan Dollars (NT$ 240,000) but not more than one million two hundred thousand New Taiwan Dollars (NT$ 1,200,000) for each successive failure to comply.
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Article 120 |
If any person refuses to pay an administrative fine imposed under this Act within the required time, the case shall be referred to the courts for compulsory execution.
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