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Enforcement Letter

Organisation
Organisation Order of the Financial Supervisory Commission
Issue No.
Issue No. Financial-Supervisory-Securities-Firms 11303487861 CH
Issue Date
Issue Date 2024/08/23
Content
Content     Order of the Financial Supervisory Commission

    Issue date: 23 August 2024
    Issue no.: Financial-Supervisory-Securities-Firms-11303487861

  1. This Order is issued pursuant to Articles 4, 14, 17, and 21 of the Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals (hereinafter, the "Regulations").
  2. An offshore foreign institutional investor (FINI) investing in domestic securities, when designating a bank or securities firm approved by the Financial Supervisory Commission (FSC) to act as its custodian under Article 17 of the Regulations, may designate two or more custodians, in which case it furthermore shall designate one as the primary custodian, and no more than three as secondary custodian(s).
  3. An offshore FINI that designates two or more custodians under the preceding point shall do so in accordance with the Taiwan Stock Exchange Corporation Operation Directions for Offshore Foreign Institutional Investors Designating Two or More Custodians.
  4. When an offshore FINI designates two or more custodians under Point 2, the matters under the provisions of Articles 4, 14, and 21 of the Regulations with respect to restrictions on the utilization of funds, limits on the outward remittance of proceeds from the sale of borrowed securities, and limits on securities lending by an offshore FINI that is a privately placed mutual fund or unit trust, etc., shall be calculated or handled according to the assets in custody with the primary custodian and with the secondary custodian(s) respectively.
  5. An offshore FINI that designates two or more custodians under Point 2 and engages in futures trading shall comply with the Directions for Futures Trading by Overseas Chinese and Foreign Nationals.
  6. This order is effective from this day forward.
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