Article 8 |
When first designating a Service Provider, a User shall perform the following:
- The User shall complete an Application for Designation of Order Routing Service Provider, affixed with its seal/signature on file, and submit it, together with a document evidencing the consent of the Service Provider, to TDCC for application.
- The User shall notify the offshore fund institutions on the Service Provider relationship and agree with them on the effective live date, servicing scope, contingency arrangement, and other operational related procedures.
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Article 9 |
To change its designated Service Provider, a User shall perform the following:
- The User shall inform TDCC of the effective live date, and by 10 business days before the effective live date, complete an Application for Designation of Order Routing Service Provider, affixed with its seal/ signature on file, and submit it, together with a document evidencing the consent of the Service Provider, to TDCC for application.
- Before the effective live date, the User shall have agreed with the offshore fund institutions on how to handle offshore fund order information for which the transaction confirmation procedure has not been completed ("in-progress transactions") as well as the transition arrangement for order routing and other operational related procedures.
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Article 10 |
A User's use of the order routing service available on the Platform shall be limited to offshore funds for which its designated Service Provider has agreed with the corresponding offshore fund institutions on such order routing operations.
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Article 11 |
A User shall use the Platform to send and receive offshore fund order information, order status reports, transaction confirmations, and other relevant information in a format prescribed by TDCC.
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Article 12 |
A User shall use the Platform to send or receive offshore fund order information during the transmission hours prescribed by TDCC, and shall check and verify the accuracy of the information.
Upon receiving offshore fund order information from a User, TDCC shall check the information format and then immediately forward the order information to the Service Provider. The Service Provider shall then promptly forward the order information to the offshore fund institution after completing the verification operation.
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Article 13 |
A User shall control its own operations to meet the transmission time limit set out in paragraph 1 of the preceding Article, and shall perform the following by an offshore fund's dealing cut-off time:
- Send offshore fund order information.
- Always make sure to query for and receive order status reports.
- Ensure that the offshore fund institution has received the current-day order information.
- If an order status report shows the order as rejected, investigate the reason for the rejection. When necessary, use a different order number and resend the order information.
- To avoid delay in order placement, immediately contact the offshore fund institution if the User does not receive an order status report when the offshore fund's dealing cut-off time approaches.
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Article 14 |
Where a User intends to cancel or correct (amend) its offshore fund order information after sending it through the Platform, the User shall notify the offshore fund institution by fax or in another manner as agreed with the offshore fund institution.
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Article 15 |
In the event of any transfer, liquidation, merger, suspension, cancellation or termination of the offering and sale, or voidance or revocation of the approval or effective registration of an offshore fund, the relevant Users shall check with the offshore fund institution to see whether it continues to accept orders for the fund.
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Article 16 |
If a User, due to an IT system issue or its business needs, intends to perform relevant operations after the transmission hours prescribed by TDCC, the User shall, by the transmission time limit, apply to TDCC in either of the following ways:
- Submit a completed Application for Extension of Operational Time, affixed with its seal/signature on file. If it submits the application by fax on the given day, it shall deliver the original document to TDCC on the next business day.
- Perform an "Application for Extension of Transmission Time" transaction on the Platform.
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Article 17 |
A User shall enter into a written agreement with an offshore fund institution stipulating that the placement of subscription, redemption, switching, and other orders for its offshore funds shall be carried out in a mutually agreed manner in case of equipment breakdown, system failure or outage, data damage, or a force majeure event that disrupts the normal transmission of information.
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Article 18 |
TDCC shall immediately forward the offshore fund transaction confirmation information received from a Service Provider to the relevant User.
A User shall use the Platform to query for and receive the transaction confirmation information sent as a reply by an offshore fund institution during the transmission hours prescribed by TDCC.
After receiving transaction confirmation information from an offshore fund institution, a User shall immediately reconcile the information against its own reports or records to ensure the accuracy of the transaction information.
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Article 19 |
A User shall have and maintain the eligibility to place offshore fund orders, and shall comply with offshore fund laws and regulations, domestic and foreign laws, regulations, and directions for anti-money laundering (AML) and combating the financing of terrorism (CFT), as well as fund prospectus and other applicable requirements.
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