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Title Taiwan Futures Exchange Rules Governing the Use of Trading Information CH
Date 2006.11.14 ( Amended )

Article Content

Article 1
Article 2
Article 3 The terms used in these Regulations are defined as follows: 1. Competent authority means the Financial Supervisory Commission, Executive Yuan. 2. "User applicant" means futures commission merchants, futures introducing brokers, clearing members, telecommunications businesses, information companies, news media institutions, radio/television enterprises, and internet enterprises, who apply for the use of trading information pursuant to the provisions of these Regulations, and other enterprises that the TAIFEX permits to so apply. 3. "Trading information" means information developed or transmitted by the TAIFEX relating to futures trading and any derived information. 4. "Electronic display" means a single display screen on which technical analysis chart or inquiry indexing with respect to futures trading information can be displayed at one's option. 5. "Television wall" means a combination of electronic displays used for display of all or a part of futures trading information. 6. "Real-time information" and "after-market information" mean respectively trading information transmitted during and after the trading hours. 7. "Subscriber" means any person who receives the trading information relayed by a user applicant. 8. "Direct connection" and "indirect connection": "direct connection" means the user applicant obtains trading information by connecting directly to TAIFEX computer facilities; "indirect connection" means the user applicant obtains trading information through relay from another user applicant. 9. "Overseas area" means any area other than Taiwan, Penghu, Kinmen, and Matsu (Republic of China).
Article 4  The TAIFEX owns the trading Information it provides and related software and hardware equipment as well as rights and relevant interests provided under copyright, trademark, and patent laws.
Article 5
Article 6  A linkup safety test should be passed before the application for direct connection between systems for transmission of trading information may be approved by the TAIFEX. The connection to the information system of the TAIFEX shall not affect the operation of the centralized futures trading at the TAIFEX. TAIFEX may, if deemed necessary, place restrictions on applications.  When applying for use of trading information, the user applicant shall specify in the application the type or model, quantity and planned installation site of its equipment and proceed with the installation after having obtained the approval of the TAIFEX. The user may not relocate such equipment or install additional equipment without the prior approval of the TAIFEX.
Article 7  Information companies applying for the use of trading Information shall meet the following requirements:  1. Having a license granted by the competent authority having jurisdiction over the specific enterprise concerned, and its equipment room having passed the inspection and test conducted by the Directorate General of Telecommunications;  2. having the capability to independently develop and maintain software, or having retained the service of a provider capable of software development and maintenance;  3. its head office equipped with a monitor center having operation control capability and staffed by software and hardware engineers;  4. maintaining operating fund sufficient to support one full year of operation; and  5. having not violated the Rules herein in the most recent two years.  Item 5 of the preceding paragraph hereof applies to the qualifications of user applicants engaging in telecommunication, news media and cable television businesses.  The qualifications of user applicants not engaging principally in the provision of trading information shall be prescribed separately by the TAIFEX based on actual needs.
Article 8  With the exception of foreign information companies and news media institutions, user applicants shall submit the following documentation when applying for using trading information:  1. Application form;  2.A photocopy of the citizen's ID card of the responsible person or representative;  3. Documentation of company registration or, in the case of a foundation, a photocopy of the registration certificate;  4. Documentation of business registration;  5. A photocopy of the permit issued by the authority having jurisdiction over the enterprise concerned; and  6. The CPA-certified financial statements for the most recent year.  The document specified in Item 5 of the preceding paragraph means the following if the applicant is a cable television operator:  1. For cable system operator, a photocopy of cable television system license and system operator license.  2. For cable broadcasting system operator, a photocopy of cable broadcasting system registration certificate.  Foreign information companies and news media institutions that apply for using the trading Information shall submit the following documentation:  1. Application form;  2.The original of certificate of incorporation duly certified by a representative office of the ROC abroad;  3. The original of power of attorney or letter of appointment authorizing its local agent or representative to handle matters with respect to transmission of trading Information abroad; and  4. A photocopy of the citizen's ID card, resident certificate or company license of its local agent or representative.
Article 9  A cable television operator that intends to broadcast trading information through the relay of an user shall apply for the permission of the TAIFEX by submitting the following documentation:  1. For cable system operator  (1) Application form;  (2)A photocopy of citizen's ID card of its responsible person or representative;  (3) Documentation of company registration or, in the case of a foundation, a photocopy of the registration certificate;  (4) Documentation of business registration;  (5) A photocopy of cable television system license and system operator license; and  (6) Document(s) evidencing the source of trading information.  2. For cable broadcasting system operator  (1) Application form;  (2) A photocopy of citizen's ID card of its responsible person;  (3)Documentation of business registration;  (4) A photocopy of cable broadcasting system registration certificate; and  (5) Document(s) evidencing the source of trading information.
Article 10
Article 11
Article 12  Users shall retain the daily trading information it has transmitted or broadcast for at least three days and make them available upon the query of the TAIFEX at any time.  When simultaneously broadcasting news information, an user shall verify the authenticity of such news, specify its source and basis at the time of broadcast, and bear all legal responsibilities thereof if the news information is untruthful.
Article 13 Unless otherwise approved by TAIFEX, a user applicant shall not lease, sell, or transfer the trading information to any other person or relay the trading information in any manner to any other place. Futures commission merchants, futures introducing brokers or clearing members shall not relay trading information to places other than their business premises.
Article 14  A cable television operator may, after obtaining the approval of the TAIFEX pursuant to the provisions of Article 8 hereof, connect its system directly to the system of the TAIFEX to transmit trading information or play the trading information program produced and supplied by other cable television operators.  A cable television operator which has obtained the approval of the TAIFEX for the use of trading information pursuant the provisions of Article 9 hereof may only broadcast trading information relayed by other authorized user(s) of TAIFEX.  A cable television operator may only transmit trading information in the form of sound, image and picture, and shall not provided trading information to cable television subscribers for processing added value without the prior consent of the TAIFEX.  If deemed necessary, the TAIFEX may impose restriction on the number of cable television channels, program content or items that broadcast trading information.
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21 A user applicant shall make available in each equipment room a list of equipment used therein or a list of the channels through which trading information is broadcast and shall mark the names of the subscribers and line numbers on the equipment and transmission lines. Equipment used for transmission or broadcasting in the equipment room shall be conspicuously marked and segregated from the equipment used for other purposes. The provisions in the foregoing paragraphs apply to a foreign information company or news media institution which sets up or leases an equipment room in the Republic of China.
Article 22
Article 23  Local subscribers shall apply to users for trading information of the TAIFEX by submitting an equipment list and the following documentation:  1. If the subscriber is a natural person, a photocopy of citizen's ID card or passport.  2. If the subscriber is a juristic person:  (1) A photocopy of the citizen's ID card or passport of its responsible person.  (2) Documentation of juristic person status or documentation of business registration.  (3) If the subscriber is a futures related enterprise, a photocopy of the certificate issued by the competent authority.  (4) If the applicant is a cable television operator, the approval obtained from the TAIFEX pursuant to Article 9 hereof and a photocopy of the operation permit issued by the authority having jurisdiction over the specific enterprise concerned.  The aforesaid equipment list shall indicate the name of the subscriber, type, quantity, and installation site of the equipment.
Article 23-1
Article 23-2
Article 24
Article 25  Electronic displays of all kinds installed by the same subscriber or at same user site shall not be exceeded four (4) units. The preceding provision does not apply to futures commission merchants, futures introducing brokers, news media institutions, and other entities with TAIFEX consent or special permission of the competent authority.
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Article 36
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