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Title Regulations Governing the Preparation of Financial Reports by Futures Commission Merchants CH
Date 2009.02.12 ( Amended )

Article Content

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Article 13 Assets shall be properly classified. Current assets shall be distinguished from non-current assets. For assets, the total amount expected to be recovered no more than 12 months after the balance sheet date and the total amount expected to be recovered more than 12 months after the balance sheet date shall be separately presented in financial statements or disclosed in the notes. The classification of asset accounts in the balance sheet, content of account entries, and matters to be noted are as follows: 1. Current assets: Assets resulting from an enterprise's operating activities that are expected to be realized in cash, consumed, or offered for sale in the enterprise's normal operating cycle; assets held primarily for the purpose of being traded; assets expected to be realized in cash within 12 months after the balance sheet date; or cash and cash equivalents. Not included, however, are assets that are earmarked to be exchanged or used to settle a liability more than 12 months after the balance sheet date, or whose use is otherwise restricted. (1) Cash and cash equivalents: Cash on hand, bank deposits, petty cash revolving fund, and short-term, highly liquid investments that are readily convertible into known amounts of cash and are so near maturity that they represent only an insignificant risk of any change in value attributable to changes in interest rates. Non-current bank deposits shall be separately presented. If the maturity date is longer than one year, such shall be noted. An asset earmarked for a specific purpose or subject to restrictions on its use, and customer margin account deposits that are required not to be used for purposes other than intended, shall not be classified into this account. If time deposits (including negotiable certificates of deposit) are pledged as collateral for a debt, and if the secured debt is a long-term liability, such deposits shall be reclassified as "other assets." If the secured debt is a current liability, the deposits shall be reclassified as "other current assets." A footnote shall be provided to indicate the existence of any such security. Where time deposits are lodged as a refundable deposit, they shall be classified as current assets or other assets depending on whether they are short-term or long-term. Any compensating balances, if incurred due to short-term loans, shall be classified as current assets, and shall be explained in footnotes. Any compensating balances incurred due to long-term liability shall be classified as other assets or long-term investments rather than current assets. (2) Financial assets at fair value through profit or loss–current: Assets that meet either of the following conditions: (i) Financial assets held for trading. (ii) Financial assets, except those designated as hedged items under hedge accounting, which upon initial recognition are designated to be measured at fair value, with changes in fair value recognized through profit or loss. "Financial assets held for trading" means financial assets designated as held for trading by an enterprise upon initial recognition. Financial instruments shall be classified as financial assets held for trading if: (i) They were acquired principally for the purpose of sale in the near term. (ii) They are part of a portfolio of identified financial instruments that are jointly administered and for which there is evidence of a recent actual pattern of short-term profit-taking. (iii) They are derivative financial assets that are not designated and effective hedging instruments. Financial assets held for trading shall be recorded separately as securities held for trading, open-end funds, money market instruments, option contracts, or futures margins. "Futures margin – securities" means securities posted as trading margins or premiums by an FCM conducting futures proprietary trading or by a domestic enterprise specializing in futures brokerage business that engages in futures trading with its own funds. "Futures margin – securities valuation adjustment" means an adjustment to the valuation of securities posted as trading margins or premiums by an FCM conducting futures proprietary trading or by a domestic enterprise specializing in futures brokerage business that engages in futures trading with its own funds, that is set aside for measurement at fair value. "Futures margin – own funds" means the difference between margins and premiums paid for futures trading (whether by an FCM conducting futures proprietary trading, or by a domestic enterprise specializing in futures brokerage business that engages in futures trading with its own funds) and the corresponding settlement prices. "Bought options" means premiums paid by an FCM to buy option contracts or futures option contracts. Financial assets at fair value through profit or loss shall be measured at fair value. Except for any emerging stocks that may be included in holdings (which shall be valued under the cost method), the term "fair value" means the closing price on the balance sheet date. For an open-end fund, the term "fair value" means the net asset value of that fund on the balance sheet date. Financial assets at fair value through profit or loss shall be identified as either current or non-current, depending on their liquidity, and the non-current portion shall be reclassified as "financial assets at fair value through profit or loss – non-current" under the "funds and investments" section. (3) Available-for-sale financial assets-current: Non-derivative financial assets that meet one of the following conditions: (i) Are designated as available-for-sale. (ii) Fall within none of the following financial asset classes: (a) Financial assets at fair value through profit or loss. (b) Held-to-maturity financial assets. (c) Bond investments for which no active market exists. (d) Receivables. Available-for-sale financial assets shall be identified as either current or non-current, depending on their liquidity, and the non-current portion shall be reclassified as "available-for-sale financial assets – non-current" under the "funds and investments" section. Except as otherwise provided, available-for-sale financial assets shall be measured at fair value, with valuation gains or losses to be recognized in shareholders' equity. For exchange- or OTC-listed securities, the term "fair value" means the closing price on the balance sheet date. For an open-end fund, the term "fair value" means the net asset value of that fund on the balance sheet date. (4) Held-to-maturity financial assets – current: Held-to-maturity financial assets that mature within one year. Held-to-maturity financial assets shall be measured at amortized cost. (5) Bond investments for which no active market exists – current: The current portion of bond investments for which no active market exists. (6) Customer margin accounts: The difference between margins and premiums duly collected from a futures trader by an FCM in the course of futures brokerage business, and the corresponding fair-value price. Where the balance in a customer margin account does not reconcile with that of the futures traders' equity, the reason for such discrepancy shall be indicated in the notes. (7) Futures margin receivable: Amount to be collected by an FCM because a debit balance has arisen on a futures traders' equity. Futures margins receivable determined to be uncollectible shall be written off. At the time of closing, futures margins receivable that may become uncollectible shall be estimated (with an appropriate allowance for bad debts provided) and recorded at their net amount. (8) Deposits for securities borrowed: Deposits in connection with the borrowing of securities from the holders, or with short selling on an exchange market, in securities borrowing and lending transactions. (9) Collateral for securities borrowed: Collateral deposited for borrowing securities from the holders, or for short selling on an exchange market, in securities borrowing and lending transactions. (10) Notes receivable: All notes receivable. The fair value of notes receivable shall be calculated using an imputed rate of interest. Notwithstanding the foregoing, notes receivable maturing within one year need not be valued at fair value if the difference between their fair value and value at maturity is insignificant, and if they are frequently traded. Discounted or transferred notes receivable shall be deducted and a note shall be provided. Notes receivable resulting from operating activities shall be recorded separately from notes receivable that result from non-operating activities. Notes receivable from related parties shall be recorded individually. Where notes have been provided as security, this fact shall be noted. Notes receivable determined to be uncollectible shall be written off. At the time of closing, notes receivable that may become uncollectible shall be estimated (with an appropriate allowance for bad debts provided) and recorded at their net amount. (11) Accounts receivable: Claims resulting from the conduct of business. The fair value of accounts receivable shall be calculated using an imputed rate of interest. Notwithstanding the foregoing, accounts receivable maturing within one year need not be valued at fair value if the difference between their fair value and value at maturity is insignificant, and if they are frequently traded. Accounts receivable from related parties shall be recorded individually. Accounts receivable determined to be uncollectible shall be written off. At the time of closing, accounts receivable that may become uncollectible shall be estimated (with an appropriate allowance for bad debts provided) and recorded at their net amount. (12) Other receivables: Receivables other than notes receivable and accounts receivable, including claims arising from out-trades. Other receivables determined to be uncollectible shall be written off. At the time of closing, other receivables that may become uncollectible shall be estimated (with an appropriate allowance for bad debts provided) and recorded at their net amount. Any other type of receivable that accounts in aggregate for more than 5 percent of the total amount of current assets shall be recorded separately, categorized by counterparty or the nature of the items. (13) Other financial assets – current: Financial assets not recorded individually on the balance sheet shall be classified as "other financial assets" and shall be identified as either current or non-current, depending on their liquidity, and the non-current portion shall be reclassified as "other financial assets-non-current" under the "funds and investments" section. When financial assets account in aggregate for 5 percent or greater of the total amount of current assets, they shall be recorded individually on the balance sheet. (14) Prepayments: All prepaid amounts and expenses. Contractually stipulated amounts prepaid for the purchase of fixed assets, and construction costs for construction in progress intended for business operations, shall be presented under fixed assets, not under prepayments. (15) Long-term equity investments held for disposal: Equity investments in subsidiaries that are scheduled for sale within 12 months after the balance sheet date. (16) Non-current assets held for sale: A non-current asset or an asset included within a disposal group classified as held for sale, that is available for immediate sale in its present condition subject only to terms that are usual and customary for sales of such assets or disposal groups and whose sale is highly probable to be completed within one year. Non-current assets held for sale and disposal groups held for sale shall be measured, presented, and disclosed in accordance with Statement of Financial Accounting Standards No. 38. (17) Other current assets: All current assets not falling within the above categories. With the exception of "cash" and "other financial assets – current", any of the above categories of current assets that accounts in aggregate for not more than 5 percent of the total amount of current assets may be incorporated into "other current assets". 2. Funds and investments: All special funds, and all long-term investments made for the purpose of ordinary business operations. When either total financial assets or the aggregate amount of investments accounts for 5 percent or more of the total amount of funds and investments, it shall be recorded individually on the balance sheet. (1) Available-for-sale financial assets – non-current: The non-current portion of available-for-sale financial assets. Except as otherwise provided, available-for-sale financial assets shall be measured at fair value, with valuation gains or losses to be recognized in shareholders' equity. For exchange- or OTC-listed securities, the term "fair value" means the closing price on the balance sheet date. For an open-end fund, the term "fair value" means the net asset value of that fund on the balance sheet date. Holdings in shares that are neither exchange-listed nor OTC-listed and that do not represent significant influence shall be classified as available-for-sale financial assets, to be measured at cost at period-end. (2) Held-to-maturity financial assets – non-current: Financial assets with fixed or determinable payments and fixed maturity that a company has the positive intention and ability to hold to maturity. Held-to-maturity financial assets shall be measured at amortized cost. Held-to-maturity investments maturing within one year shall be reclassified as "held-to-maturity investments – current" under "current assets". (3) Bond investments for which no active market exists – non-current: Investments in bonds with fixed or determinable payments that are not quoted in an active market and that meet both of the following conditions: (i) Are not designated as measured at fair value, and changes in fair value are not recognized through profit or loss. (ii) Are not designated as available for sale. Bond investments for which no active market exists shall be measured at amortized cost. They shall be identified as either current or non-current, depending on their liquidity. (4) Funds: Assets set aside for specified uses, such as sinking funds, improvement and expansion funds, and contingency funds. The proposal and rules based on which a fund is set aside shall be indicated. A benefit fund set aside in accordance with the Employee Welfare Fund Act shall be classified as an expense. (5) Long-term equity investments accounted for under the equity method: Investments in a certain type of business or other investments, as approved by the FSC. The valuation basis for a long-term investment shall be indicated, and long-term investments shall be recorded separately, categorized by the nature of the investments. The long-term equity investments shall be valued and presented in accordance with Statement of Financial Accounting Standards No. 5. When investment gains and losses are recognized using the equity method, if the financial statements of an investee company have not been prepared in accordance with generally accepted accounting principles in the ROC, such financial statements shall be adjusted to conform to those principles before they may be used to recognize any investment gains and losses. When any of the following circumstances apply to an investee company, its financial statements shall be audited by a certified public accountant in accordance with the Regulations Governing Auditing and Certification of Financial Statements by Certified Public Accountants and generally accepted auditing standards: (i) Its paid-in capital is NT$30 million or more. (ii) Its operating revenues are NT$50 million or more, or 10% or more of the operating revenues of the FCM. If a long-term investment is pledged as collateral or otherwise subject to any restriction or limitation, such shall be noted. 3. Fixed assets: Tangible assets for use in conduct of business, with a service life of one year or more, and not intended for sale. Land, depreciable assets, and depletable assets shall be recorded separately within fixed assets. An asset within fixed assets that accounts for 5 percent or greater of the total amount of fixed assets shall be recorded individually on the balance sheet. Fixed assets shall be recorded at the historical cost of acquisition or construction, provided that interest arising from the purchase of a "presold" building or from the purchase of a fixed asset with money obtained through cash capital increase shall not be capitalized. Idle fixed assets shall be reclassified within the "other assets" section, at the lower of their net fair value or carrying amount. A fixed asset that is still in use after the expiration of its service life shall continue being depreciated based on the residual value. Leased assets shall be recognized and presented in accordance with Statement of Financial Accounting Standards No. 2. If an asset lease qualifies as an operating lease, any improvement made to the leased property is called a leasehold improvement and shall be recorded as a fixed asset. The valuation basis for a fixed asset shall be indicated. If the fixed asset has been revalued, the date of revaluation and the amount of increment or decrement shall be stated, and the acquisition cost and the revaluation increment/decrement shall be recorded separately. The reserve against land value increment tax set aside against land revaluation increment shall be classified as a long-term liability. Where a fixed asset has been revalued, from the day following the date of record of the revaluation, depreciation shall be charged at the revalued amount. Except for land, fixed assets shall be periodically depreciated in a rational and systematic manner over their estimated useful life, and reclassified as expenses for each period depending on their nature, without interruption or deduction. The accumulated depreciation, accumulated impairment, or accumulated depletion of a fixed asset shall be recorded as a deduction from fixed assets. A leasehold improvement shall depreciated in a rational and systematic manner based on the shorter of the estimated useful life or the lease term, and reclassified as an expense for each period according to its nature, without interruption or reduction. The method for calculating the depreciation of depreciable assets shall be indicated. If a fixed asset has been given as security, or a mortgage or lien has been created against it, such shall be noted. Major accounts for fixed assets are as follows: (1) Land: All company land used or earmarked for the conduct of business. (2) Buildings: All the buildings of the company used or earmarked for the conduct of business. (3) Equipment: All the income-generating equipment, information equipment, transportation equipment, and other equipment bought for use in the conduct of business. (4) Prepayments for buildings and land: Prepayments for purchase of land and buildings. (5) Prepayments for equipment: Prepayments for purchase of equipment. (6) Leasehold improvements: Improvements made to property under operating lease. (7) Other fixed assets. 4. Intangible assets: Non-monetary assets without physical form, that are identifiable, that can be controlled by an entity, and that have future economic benefits. An asset within intangible assets that accounts for 5 percent or greater of the total amount of intangible assets shall be recorded individually on the balance sheet. Intangible assets shall be recognized, measured, and disclosed in accordance with Statement of Financial Accounting Standards No. 37. 5. Other assets: All assets not falling within the above categories and with a collection or realization period of one year or more, such as refundable deposits, long-term notes receivable, and other miscellaneous assets. The fair value of long-term notes receivable and other long-term receivables shall be calculated by using an imputed rate of interest. Large, overdue accounts receivable shall be recorded individually (with the collection status indicated and an appropriate allowance for bad debts provided) and recorded at their net amount. When the amount of "other assets" accounts for more than 5 percent of the total amount of assets, the account for each such "other asset" shall be recorded separately. Major accounts for "other assets" are as follows: (1) Operating bond: The operation bond deposited in accordance with Article 60 of the Futures Trading Act. (2) Clearing and settlement fund: This is a clearing and settlement fund deposited in accordance with the Futures Trading Act and other applicable requirements. (3) Refundable deposits: Other guarantee deposits paid out as refundable deposits. (4) Deferred debits: Long-term prepaid expenses that have future economic benefits and are required to be amortized over future periods. (5) Payments to branches: Where an FCM has branches, the "Payments from branches" account is used when the head office has a debit balance on payments between itself and its branches. (6) Payments from head office: Where an FCM has branches, the "Payments from head office" account is used when the head office has a credit balance on payments between itself and its branches. (7) Internal payments: To be used by an other-industry enterprise concurrently conducting futures business, when its futures department has a debit balance on payments between itself and other departments. (8) Other assets: Assets not falling within the above categories.Assets shall be properly classified. Current assets shall be distinguished from non-current assets. For assets, the total amount expected to be recovered no more than 12 months after the balance sheet date and the total amount expected to be recovered more than 12 months after the balance sheet date shall be separately presented in financial statements or disclosed in the notes. The classification of asset accounts in the balance sheet, content of account entries, and matters to be noted are as follows: 1. Current assets: Assets resulting from an enterprise's operating activities that are expected to be realized in cash, consumed, or offered for sale in the enterprise's normal operating cycle; assets held primarily for the purpose of being traded; assets expected to be realized in cash within 12 months after the balance sheet date; or cash and cash equivalents. Not included, however, are assets that are earmarked to be exchanged or used to settle a liability more than 12 months after the balance sheet date, or whose use is otherwise restricted. (1) Cash and cash equivalents: Cash on hand, bank deposits, petty cash revolving fund, and short-term, highly liquid investments that are readily convertible into known amounts of cash and are so near maturity that they represent only an insignificant risk of any change in value attributable to changes in interest rates. Non-current bank deposits shall be separately presented. If the maturity date is longer than one year, such shall be noted. An asset earmarked for a specific purpose or subject to restrictions on its use, and customer margin account deposits that are required not to be used for purposes other than intended, shall not be classified into this account. If time deposits (including negotiable certificates of deposit) are pledged as collateral for a debt, and if the secured debt is a long-term liability, such deposits shall be reclassified as "other assets." If the secured debt is a current liability, the deposits shall be reclassified as "other current assets." A footnote shall be provided to indicate the existence of any such security. Where time deposits are lodged as a refundable deposit, they shall be classified as current assets or other assets depending on whether they are short-term or long-term. Any compensating balances, if incurred due to short-term loans, shall be classified as current assets, and shall be explained in footnotes. Any compensating balances incurred due to long-term liability shall be classified as other assets or long-term investments rather than current assets. (2) Financial assets at fair value through profit or loss–current: Assets that meet either of the following conditions: (i) Financial assets held for trading. (ii) Financial assets, except those designated as hedged items under hedge accounting, which upon initial recognition are designated to be measured at fair value, with changes in fair value recognized through profit or loss. "Financial assets held for trading" means financial assets designated as held for trading by an enterprise upon initial recognition. Financial instruments shall be classified as financial assets held for trading if: (i) They were acquired principally for the purpose of sale in the near term. (ii) They are part of a portfolio of identified financial instruments that are jointly administered and for which there is evidence of a recent actual pattern of short-term profit-taking. (iii) They are derivative financial assets that are not designated and effective hedging instruments. Financial assets held for trading shall be recorded separately as securities held for trading, open-end funds, money market instruments, option contracts, or futures margins. "Futures margin – securities" means securities posted as trading margins or premiums by an FCM conducting futures proprietary trading or by a domestic enterprise specializing in futures brokerage business that engages in futures trading with its own funds. "Futures margin – securities valuation adjustment" means an adjustment to the valuation of
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Article 25 An FCM shall report on its business conditions in accordance with the following provisions: 1. Significant business matters: The FCM shall provide information on matters arising over the five most recent fiscal years that have had a significant impact on business, including acquisitions of or mergers with other companies, demergers, equity investments in affiliated enterprises, reorganization, major asset purchases or disposals, significant changes in operation method or business activity, etc. 2. Information related to investments in overseas enterprises: The FCM shall provide general information on any investments in overseas enterprises and representative offices, and any equity investments in enterprises and representative offices by such overseas enterprises, including: original investment amounts; investment gains or losses; cash dividends; and endorsements, guarantees, or loans extended to outside parties by each such enterprise. 3. Remuneration and related information on directors, supervisors, the general manager, and assistant general manager(s). (1) Transportation allowance and remuneration to each director and supervisor in the most recent fiscal year; if a director concurrently serves as a manager, the remuneration for each such position shall be disclosed separately. (2) The total amount of salaries, cash awards, special allowances, and bonuses paid to the general manager and assistant general manager(s) in the most recent fiscal year. (3) If remuneration other than that set out in the preceding two items, such as automobile, house, or other strictly personal expenditures, is provided to any director, supervisor, the general manger, or assistant general manager, the name and position of the person, nature and cost of the asset provided, actual rental or rental imputed based on fair market price, and any other such payment shall be disclosed. (4) Where the FCM's chairperson, general manager, or any managerial officer in charge of finance or accounting matters has in the most recent year held a position at the accounting firm of its certified public accountant or at an affiliated enterprise of such accounting firm, the name and position of the person, and the period during which the position was held, shall be disclosed. The term "affiliated enterprise of a certified public accountant's accounting firm" as used in these Regulations means one in which the certified public accountants at the accounting firm of the certified public accountant hold more than 50% of the shares, or of which such accountants hold more than half of the directorships, or a company or institution listed as an affiliated enterprise in the external publications or printed materials of the accounting firm of the certified public accountant. 4. Labor-management relations: (1) Significant employee benefit programs, the retirement system and status of implementation thereof, and arrangements between labor and management of the FCM shall be recorded. (2) Provide information on any loss sustained as a result of labor disputes in the thee most recent fiscal years, disclose an estimate of losses incurred to date or likely to be incurred in the future, and indicate mitigation measures being or to be taken. If the loss cannot be reasonably estimated, make a statement to that effect.
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