| Article 1 |
These Regulations are adopted to ensure that securities firms that have had their operations ceased or their trading suspended (hereinafter, "suspended firms") may operate normally once their operations or trading are resumed (hereinafter, "resume business" or "resumption of business"), to ensure the security of trading and settlement on the Taipei Exchange (TPEx).
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| Article 2 |
In applying to resume trading, a suspended firm shall comply with each of the following provisions:
- In the event that the operation bond deposited by the securities firm as required by the competent authority becomes subject to execution by a court of a provisional attachment, and the creditor is entitled to a priority claim against the bond under Article 55, Paragraph 2 of the Securities and Exchange Act, the securities firm shall immediately proceed to furnish a replacement bond. However, if the executing creditor does not enjoy a right of priority claim, the securities firm may wait to furnish the replacement bond until after the existing operation bond has been turned over to the court or collected by the creditor.
- With regard to a securities firm's settlement fund deposited with the TPEx under Article 17 of the Taipei Exchange Rules Governing Securities Trading on the TPEx (hereinafter, "the Rules"), for any amount that has been attached by a creditor, the securities firm shall immediately proceed to furnish a replacement of that amount.
- All premise and facilities used for business must comply with Article 6 of the Standards Governing the Establishment of Securities Firms.
- The firm's net worth may not have been below one-half of paid-in capital continuously for 6 months without correction, as provided in Article 98, paragraph 1, subparagraph 4 of the Rules.
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| Article 3 |
To apply to resume business, the suspended firm shall submit an application (see format in Attachment) along with the required documents to the TPEx. The TPEx will in principle review applications based on the documents received, but may also conduct on-site inspections if necessary.
Determination of whether the suspended firm's application to resume business satisfies the abovementioned criteria shall be based on the information on file on the date of receipt by the TPEx of the documents.
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| Article 4 |
The suspended firm's documents and application to resume business shall arrive at the TPEx no later than 7 business days before the proposed date of business resumption. If the suspended firm's application arrives late at the TPEx, leaving inadequate time to complete the review, the TPEx may postpone the date for resumption of trading accordingly.
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| Article 5 |
After the TPEx has verified the firm's compliance with all criteria stated in these Regulations, the TPEx may permit the suspended firm to resume trading. The competent authority shall also be informed by letter of all developments for recordation.
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| Article 6 |
If a suspended firm's application to resume business fails to meet the criteria stated in these Regulations, but the suspended firm makes the necessary corrections afterwards, the TPEx may permit the firm to resume trading or postpone the date for resumption of trading depending on the circumstances.
If a suspended firm's application to resume business fails to meet the criteria stated in these Regulations and no corrections are made afterwards, the TPEx may temporarily deny permission for the firm to resume trading.
The TPEx shall will notify the competent authority by letter for recordation of any applications to resume business that are either postponed or temporarily denied, as described in the two preceding paragraphs, and shall request ratification by the TPEx's board of directors.
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| Article 7 |
These Regulations, and any amendments hereto, shall be implemented following submission to and approval by the competent authority.
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