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Title Standards Governing the Establishment of Futures Trust Enterprises CH
Date 2010.02.04 ( Amended )

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Article 15 When applying for permission to establish a futures trust enterprise, the promoter shall deposit NT$25 million in the financial institution designated by the competent authority. The financial institution in the preceding paragraph shall be a bank approved to operate custody business and having a credit rating at or above a prescribed level by a credit rating organization approved or recognized by the competent authority. The funds deposited under paragraph 1 may be substituted for by government bonds or securities having a credit rating at or above a prescribed level by a credit rating organization approved or recognized by the competent authority. After permission has been granted for establishment of the enterprise, the funds under paragraph 1 may be used only after the enterprise has completed incorporation registration and posted an operating bond. If permission for establishment is not granted, or the permission is voided or revoked, the competent authority shall notify the enterprise to reclaim the funds.
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Article 33 A trust enterprise applying to concurrently operate a futures trust enterprise shall meet the following qualifications: 1. The CPA-audited and attested financial report for the most recent period shows a net worth per share not lower than par value. 2. Has not, during the last half year, been sanctioned under Article 100, paragraph 1, subparagraph 1of the Act, Article 103, subparagraph 1 of the Securities Investment Trust and Consulting Act, or Article 66, subparagraph 1 of the Securities and Exchange Act, and has not on three or more occasions been given an official reprimand and ordered to take corrective action within a specified period of time under Article 44, paragraph 1, subparagraph 1 of the Trust Enterprise Act. 3. Has not been sanctioned under Article 100, paragraph 1, subparagraphs 2 to 4 of the Act, Article 103, subparagraphs 2 to 5 of the Securities Investment Trust and Consulting Act, Article 66, subparagraphs 2 to 4 of the Securities and Exchange Act, or Article 44, paragraph 1, subparagraph 2 or paragraph 2, subparagraph 1 or 2 of the Trust Enterprise Act during the last 2 years. If a trust enterprise that has been sanctioned under subparagraph 2 or 3 of the preceding paragraph and has been ordered by the competent authority to make corrections but has not yet made concrete corrections as of the time it applies to concurrently operate a futures trust enterprise, the competent authority may deny the permission that is being applied for.
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Article 44 With the exception of enterprises that are deemed trust enterprises under Article 3 of the Trust Enterprise Act, enterprises applying to concurrently operate a futures trust enterprise pursuant to Chapter III shall be confined to exclusively operated enterprises.
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