Article 24 |
Domestic securities firms applying for concurrent operation of futures business must meet the following requirements:
- The financial report for the most recent period, audited and attested by a certified public accountant, shows no accumulated deficits, and further conforms to the standards set forth in Article 49 of the Securities and Exchange Act.
- Within the last 3 months, the applicant has not received a warning from the FSC in accordance with Article 66, paragraph 1, subparagraph 1 of the Securities and Exchange Act.
- Within the last half year, the applicant has not been ordered by the FSC to discharge any directors, supervisors, or managers in accordance with Article 66, paragraph 1, subparagraph 2 of the Securities and Exchange Act.
- Within the last year, the applicant has not been ordered by the FSC to suspend its business, in whole or in part, in accordance with Article 66, paragraph 1, subparagraph 3 of the Securities and Exchange Act.
- Within the last 2 years, the applicant has not had any of the establishment approvals for its branch offices revoked by the FSC in accordance with any provisions of the Securities and Exchange Act.
- Within the last year, the applicant has not had its trading rights terminated or restricted by the Taiwan Stock Exchange or the Taipei Exchange in accordance with their bylaws.
- The applicant's regulatory capital adequacy ratio has not dropped below 150 percent.
- Other requirements prescribed by the FSC.
If a futures commission merchant fails to meet any of the requirements set forth in subparagraphs 2 to 6 of the preceding paragraph, but has shown concrete improvement in the circumstances, and the FSC has recognized the improvement, the futures commission merchant may be exempted from the relevant requirement.
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Article 25 |
Domestic securities firms applying for concurrent operation of futures business shall allocate exclusively earmarked operating capital in the amount specified under Article 8 of these Standards, with the amount depending on the type of futures business to be operated concurrently.
Domestic securities firms may apply under any one of the following provisions to operate futures brokerage services concurrently, and to allocate exclusively earmarked operating capital:
- A firm applying to concurrently operate domestic stock futures along with options contract brokerage services shall allocate 50 million New Taiwan Dollars as exclusively earmarked operating capital.
- A firm applying to concurrently operate domestic interest rate futures along with options contract brokerage services shall allocate 50 million New Taiwan Dollars as exclusively earmarked operating capital.
- A firm applying to concurrently operate domestic stock futures, options contract brokerage services, and domestic interest rate futures contract brokerage services shall allocate 80 million New Taiwan Dollars as exclusively earmarked operating capital.
- A firm applying to concurrently operate domestic futures and options contract brokerage services shall allocate 100 million New Taiwan Dollars as exclusively earmarked operating capital.
The paid-in capital of a domestic securities firm shall not be lower than the sum of the funds that must be allocated and earmarked exclusively as operating capital required to be allocated in connection with an application for concurrent operation of future business plus the minimum allocated operating capital requirement specified in Article 3 and Article 21 of the Standards Governing the Establishment of Securities Firms. Where the amount is insufficient, capitalization shall be increased.
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Article 26 |
Domestic securities firms applying for concurrent operation of securities-related futures business shall establish an independent department, with independent operations and accounting, to administer futures business matters.
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Article 27 |
The provisions of Article 9 and Article 10 of these Standards shall apply mutatis mutandis to domestic securities firms applying for concurrent operation of futures business; provided, however, that domestic securities firms applying for concurrent operation of futures brokerage business pursuant to Article 25, paragraph 2 of these Standards shall be required to make a deposit at the time of application for approval into the financial institution designated by the FSC, in accordance with the following provisions:
- Those applying for concurrent operation of the futures brokerage services set forth under Article 25, paragraph 2, subparagraphs 1 through 3 shall deposit 15 million New Taiwan Dollars.
- Those applying for concurrent operation of the futures brokerage services set forth under Article 25, paragraph 2, subparagraph 4 shall deposit 25 million New Taiwan Dollars.
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Article 28 |
Domestic securities firms applying for concurrent operation of futures business shall apply to the FSC by furnishing the following documents:
- an application form;
- articles of incorporation;
- a business plan stating: futures business operation principles, method of risk management for the main and branch offices, the division of responsibilities among internal departments, personnel recruiting and training, a general description of its business facilities, and financial forecasts for the futures department for the current year and the next year;
- rules governing how to separate the risks associated with the securities and futures businesses, and how to handle conflicts of interest;
- minutes of shareholders or directors meetings;
- a list of directors and supervisors;
- the financial report for the most recent period, audited and attested by a certified public accountant;
- documents showing compliance with Article 24, paragraph 6;
- documents showing that the amount required by Article 27 has been deposited;
- a case check-list form; and
- other documents required by the regulations of the FSC.
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Article 29 |
Domestic securities firms applying for concurrent operation of futures business shall be required, within 6 months from the date on which the FSC grants the approval, to furnish the following documents to the FSC for issuance of a business license:
- an application form;
- a photocopy of the securities firm's approval and license certificate;
- [a description of the] internal control system for the operation of futures business;
- a list of the managers and associated persons who will be involved in the administration of futures business, and their qualification documents;
- a statement from each manager and associated person who will be involved in the administration of futures business declaring that he/she does not fall within any of the categories under Article 4;
- documents showing that the operating bond required under Article 14 of the Regulations Governing Futures Commission Merchants has been deposited;
- documents showing that the applicant has immediate access to the information of the trading market and the transmission equipment essential to trading;
- documents showing that the applicant has permission to engage in the trading of futures in a futures exchange;
- documents showing that the applicant has permission to process settlement and clearing with a futures clearing house;
- the financial report for the most recent period, audited and attested by a certified public accountant; provided, however, that when the financial report submitted at the time of application was for the same period, this requirement shall not apply;
- documents showing compliance with the provisions of Article 6;
- documents showing compliance with the provisions of Article 24, paragraph 1, subparagraph 6;
- documents showing compliance with the provisions of Article 25;
- a case check-list form;
- other documents required by the regulations of the FSC.
Where a domestic securities firm fails to apply for approval and issuance of a business license to concurrently operate futures business within the time limit specified in the preceding paragraph, the approval shall be invalidated; provided, however, that where legitimate reasons exist, application for an extension may be submitted to the FSC prior to expiration of the time limit. Such extension shall not be longer than 6 months and may be granted only once.
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Article 30 |
Domestic securities firms applying for a branch office to concurrently operate futures business shall apply to the FSC by furnishing the following documents:
- an application form;
- articles of incorporation;
- a business plan stating: futures business operation principles, the method of risk management, the division of responsibilities among the applicant's internal departments, personnel recruiting and training, a general description of its business facilities, and financial forecasts for the futures department for the current year and the next year;
- rules governing how to separate the risks associated with the securities and futures businesses, and how to handle conflicts of interest;
- minutes of shareholders or directors meetings;
- [a description of the] internal control system for operating futures business, provided that when the internal control system is the same as that submitted in the previous application for operation of futures business concurrently at a branch office, this requirement shall not apply;
- the financial report for the most recent period, audited and attested by a certified public accountant;
- documents showing compliance with the provisions of Article 13, paragraph 2, subparagraph 6;
- documents showing compliance with the provisions of Article 13, paragraph 2, subparagraph 7;
- documents showing compliance with the provisions of Article 24, paragraph 1, subparagraph 6;
- a case check-list form; and
- other documents required by the regulations of the FSC.
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Article 31 |
Domestic securities firms applying for concurrent operation of futures business by a branch office shall be required, within 6 months from the date on which the FSC grants the approval, to furnish the following documents to the FSC for issuance of a business license for the branch office:
- An application form.
- aA photocopy of the approval and license certificate for the branch office of the securities firm.
- A list of managers and associated persons who will be involved in the administration of futures business, and their qualification documents.
- A statement from each manager and associated person who will be involved in the administration of futures business declaring that he/she does not fall within any of the categories under Article 4.
- Documents showing that the operating bond required under Article 14 of the Regulations Governing Futures Commission Merchants has been deposited.
- Documents showing the allocation of additional funds earmarked as exclusively earmarked operating capital.
- Documents showing that the applicant has immediate access to the information of the trading market and the transmission equipment essential to trading.
- The financial report for the most recent period, audited and attested by a certified public accountant; provided, however, that when the financial report submitted at the time of application was for the same period, this requirement shall not apply.
- Documents showing compliance with the provisions of Article 6.
- Documents showing compliance with the provisions of Article 13, paragraph 2, subparagraph 6.
- Documents showing compliance with the provisions of Article 13, paragraph 2, subparagraph 7.
- Documents showing compliance with the provisions of Article 24, paragraph 1, subparagraph 6.
- A case check-list form.
- Other documents required by the regulations of the FSC.
Where a domestic securities firm fails to apply for a business license for the branch office to concurrently operate the futures business within the time limit specified in the preceding paragraph, the approval shall be invalidated; provided, however, that where legitimate reasons exist, application for an extension may be submitted to the FSC prior to expiration of the time limit. Such extension shall not be longer than 6 months and may be applied for only once.
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Article 32 |
Articles 13 through 15 and Articles 24 to 26 of these Standards shall apply mutatis mutandis to domestic securities firms concurrently operating futures business when such securities firms apply for approval for their branch offices to concurrently engage in futures business.
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Article 33 |
Domestic securities firms concurrently operated by other businesses shall not apply for concurrent operation of the futures business.
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