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Title Standards Governing the Establishment of Futures Commission Merchants CH
Date 2006.03.22 ( Amended )

Article Content

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
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Article 23
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Article 25
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. The managers and associated persons of the independent department referred to in the preceding paragraph shall work full-time for the department; provided, however, that this provision shall not apply where the associated person carrying out a consignment order is qualified as an associated person of both securities business and futures business. At domestic securities firms concurrently operating securities-related futures business, internal auditing employees who administer securities business matters may concurrently administer futures business matters, provided that they are qualified as associated persons of futures businesses.
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Article 32
Article 33 Domestic securities firms concurrently operated by other businesses shall not apply for concurrent operation of the futures business. Domestic securities firms solely engaged in brokerage services shall not apply for concurrent operation of futures proprietary business.
Article 34  Domestic financial institutions applying for concurrent operation of futures businesses shall be required, within six months from the date on which this Commission grants the approval, to furnish the following documents to this Commission for issuance of a business license:  1. Application form (as per Attachment 14).  2. Business bylaws for the operation of futures business.  3. List of managers and associated persons to process futures businesses, and qualification documents.  4. Statements from each manager and associated person to process futures businesses declaring that he/she does not fall within any of the categories under Article 4 (as per Attachment 5), and conforms with Article 32 mutatis mutandis applying the provisions of Paragraph 2 of Article 25 (as per Attachment 12).  5. Documents showing that the operation bond required under Article 14 of the Regulations Governing Futures Commission Merchants has been deposited.  6. Documents showing that it has immediate access to the information of the trading market and the transmission equipment essential to trading.  7. Documents showing that it has permission to engage in the trading of futures in a futures exchange.  8. Documents showing that it has permission to process settlement and clearing with a futures clearing house.  9. Case check-list form and finalizing chart reviewed by an accountant.  10. Other documents required by the regulations of this Commission.    In case the domestic financial institution fails to apply for the business license to concurrently operate the futures business within the time limit specified in the preceding Paragraph, the approval shall be invalidated. However, with justified reasons, and before the expiration of the time limit, application may be made to this Commission for grant of extension. Such extension shall not be longer than six months and may be applied for once only.
Article 35  Articles 12 through 16 and Article 25 of these Rules shall apply mutatis mutandis to domestic financial institutions concurrently operating futures businesses or concurrently operating the brokerage of futures or options contracts tied to the domestic stock index when such institutions apply for approval for its branch offices to concurrently operate the futures business.
Article 36  Upon the approval of the ROC Government, foreign securities firms or financial institutions may apply for approval for its branch offices located in the territory of the ROC to concurrently operate the futures business.    Article 8, Article 9, Article 23, Article 25, the proviso of Article 26, Article 29, and Paragraph 2 of Article 30 of these Rules shall apply mutatis mutandis to foreign securities firms or financial institutions applying for approval for its branch offices located in the territory of the ROC to concurrently operate the futures business.
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Article 51
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