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Title Regulations Governing Securities Investment Trust Funds CH
Date 2008.02.14 ( Amended )

Article Content

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Article 10 A SITE offering a trust fund shall utilize the fund's assets in accordance with these Regulations and the provisions of the trust agreement, and except where otherwise provided by the FSC, shall comply with the following provisions: 1. The SITE may not invest in non-listed or non-OTC-listed stocks or privately-placed securities. 2. The SITE may not make loans or provide security, provided that this restriction shall not apply to SITEs in compliance with Article 18 of the Regulations Governing Securities Investment Trust Enterprises. 3. The SITE may not engage in securities margin transactions. 4. The SITE may not engage in trading of securities or securities-related products between the various other funds, collective trust funds, discretionary accounts, or accounts for trading of securities with self-owned funds under the common management of the SITE, provided that this shall not apply in the case of cross-trades unintentionally occurring on a centralized securities exchange market or on Over-the-Counter Markets. 5. The SITE may not invest in its own securities or in securities issued by any company that is an interested company relative to the SITE. 6. The SITE may not use a fund to purchase the certificates of beneficial interest of that same fund, provided that this restriction shall not apply in the case of beneficiaries' requests for redemption of certificates of beneficial interest, or when certificates of beneficial interest are redeemed because of the discontinuance of all or some part of the fund. 7. The SITE may not invest in structured interest rate products, provided that this restriction shall not apply when such products are a fund's principal investment vehicle and are so designated by the fund's name. 8. The total amount invested by any fund in the stocks, corporate bonds, or financial bonds of any single listed or OTC-listed company may not exceed ten percent of the net asset value of the fund. 9. The total amount invested by any fund in the shares of any single listed or OTC-listed company may not exceed ten percent of the total issued and outstanding shares of that company; the total amount invested by all funds under the common management of a SITE in the shares of any one listed or OTC-listed company may also not exceed ten percent of the total issued and outstanding shares of that company. 10. The total amount invested by any fund in an underwriting of shares of any single listed or OTC-listed company may not exceed one percent of the total shares underwritten; the total amount invested by all funds under the common management of a SITE in any single underwriting may not exceed three percent of the total of underwritten shares being. 11. The total amount invested by a fund in the certificates of beneficial interest of other funds may not exceed 10 percent of the first fund's total asset value, provided that this restriction shall not apply in the case of a fund of funds. 12. The total number of beneficial units of any single fund that may be invested by all funds under the common management of a SITE may not exceed ten percent of the issued beneficial units of the fund being invested. 13. The total amount invested by a fund in the unsecured corporate bonds of any single company may not exceed ten percent of the unsecured corporate bonds issued by that company. 14. The securities held by a fund may not be loaned to another person, provided that this restriction shall not apply given compliance with Article 14. 15. Proxy forms for shareholders' meetings of an issuing company whose shares are purchased by a fund may not be sold or transferred. 16. No fund may authorize stock trades by any one securities firm that exceed 30 percent of the total monetary value of the fund's stock trades in the given month. This provision shall not apply, however, to funds that have been established for less than one full fiscal year. 17. The total amount any fund may invest in a bills finance company's guaranteed bills may not exceed ten percent of the fund's total asset value, and may also not exceed 500 million New Taiwan Dollars. 18. The total amount invested by a fund in the international financial institution bonds issued by any single international financial institution with FSC approval to issue such bonds within Taiwan may not exceed ten percent of the fund's net asset value, and may not exceed ten percent of the international financial institution bonds issued within Taiwan by the given international financial institution. 19. The SITE may not engage in any improper trading activity and thereby affect the net asset value of a fund under its management. 20. The SITE may not engage in any other act prohibited by the FSC. The term "various funds" in subparagraph 4 of the preceding paragraph and the term "all funds under the common management of a SITE" in subparagraphs 9, 10, and 12 include securities investment trust funds and futures trust funds publicly or privately offered by a SITE. The ceiling on the ratio of a SITE's use of a fund for investment in an underwritten stock shall be calculated by combining the amount of that investment with the shares of listed and OTC-listed companies of a similar type held to arrive at the total number of shares or total monetary amount; the amount of investment in depositary receipts shall be combined with the shares held in the issuing company of the depositary receipts, and the ceiling on the ratio of investment in that company similarly based on the combined figures for either monetary values or numbers of shares. "Corporate bonds" as referred to in paragraph 1, subparagraphs 8-12 shall include common corporate bonds, convertible corporate bonds, exchangeable corporate bonds, and corporate bonds with warrants.
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Article 37 "Exchange-traded fund (ETF)" refers to a fund which tracks, simulates, or replicates the performance of an index and is traded on a securities exchange market, with subscription and redemption of ETF units carried out through physical delivery or by the method prescribed in the trust agreement. The component securities of the subject index of the preceding paragraph include stocks, bonds, and other securities approved by the FSC. The subject index of paragraph 1 shall meet the conditions given in Article 32, paragraph 2.
Article 38 In addition to compliance with Article 2, paragraph 1 herein, the trust agreement for an ETF offered by a SITE shall additionally set forth essential matters relating to its trading on a securities exchange market, the method of subscription and redemption, the index licensing agreement, and the participant agreement. A SITE offering an ETF need not set forth the total face value, total number of beneficiary units, or whether there will be additional future issues.
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