| Article 28 |
When an international bond trade is executed over the counter, then except where these Regulations provide otherwise, a trade confirmation statement, delivery statement, and performance and settlement statement shall be produced at the time of the transaction, and after transfer to the customer for signing, payment and delivery shall be completed directly with the customer by the third business day following the transaction date. In addition, where the securities firm has already furnished the TPEx with a "Consent Form for Book-entry Transfer of International Bonds" (Appendix 4), it shall process the customer's payment and delivery in accordance with the TPEx's publicly announced book-entry settlement procedures when an over-the-counter trade in an international bond meets either of the following criteria:
- The transaction is an outright transaction in which the securities dealer is the buyer and the customer is the seller.
- The dollar amount of the transaction is not greater than five times the minimum trading unit for privately negotiated over-the-counter transactions in international bonds.
The provisions of the preceding paragraph notwithstanding, where the securities firm applies to and receives approval from the TPEx on a case-by-case basis, it may be allowed until the seventh business day following the transaction date to complete payment and delivery.
Where an international bond is registered with a foreign securities depository, a securities firm that engages in an over-the-counter transaction in that international bond with an overseas customer may apply to a domestic central securities depository to carry out a cross-border wire transfer to complete delivery of the bonds with the overseas customer.
When a securities firm conducts a transaction with an offshore qualified institutional investor, it may observe international market conventions for payment and settlement and retaining the transaction and payment and settlement records.
When a securities firm conducts a negotiated trade of international bonds over the counter, if the customer has already signed a Consent Form and a record of the payment is retained, the trade confirmation statement, delivery statement, and performance and settlement statement for the trade shall, by the deadline set out in paragraph 1, be delivered to the customer’s designated address or sent by email. The documents are not required to be signed by the customer, but a record of the delivery or email transmission shall be retained. If the trade confirmation statement, delivery statement, and performance and settlement statement are to be sent by email, the customer’s written consent shall be obtained, and appropriate measures shall be taken to ensure the correct and secure delivery of the materials.
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| Article 29 |
A securities firm participating in trading of international bonds through the IBTS shall establish a dedicated bond clearing account for international bonds and a dedicated funds settlement account for international bonds at, respectively, a TPEx-designated domestic centralized securities depository enterprise and a TPEx-designated foreign currency clearing bank. These accounts shall be reported to the TPEx prior to the beginning of trading; any subsequent change in the accounts shall also be reported.
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| Article 30 |
The IBTS performance and settlement date is the third business day after the transaction date.
On the performance and settlement date, a securities firm participating through the IBTS shall carry out performance and settlement with the TPEx of the net amount, after offsetting of the payable and receivable amounts for the bonds and transaction prices shown in the Performance and Settlement Statement prepared by the TPEx for each currency, in accordance with the following provisions:
- When there are net funds payable, the securities firm shall directly deposit such amount into the TPEx funds settlement account for international bonds by 1:30 pm on the performance and settlement date.
- When there are net bonds deliverable, the securities firm shall perform the bond transaction in accordance with a domestic centralized securities depository enterprise's rules by 1:30 pm on the performance and settlement date.
- When there are net funds receivable, after verification by the TPEx pursuant to subparagraph 2, the TPEx will directly deposit the amount to the securities firm's funds settlement account at 1:30 pm or later on the performance and settlement date.
- When there are net bonds receivable, after verification by the TPEx pursuant to subparagraphs 1 and 2, the TPEx will at 1:30 pm or later on the performance and settlement date notify the domestic securities depository enterprise to make a book-entry transfer.
When a securities firm's branch units trade bonds through the IBTS, the head office shall first aggregate their trades and proceed as in the preceding paragraph.
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| Article 31 |
When a securities firm participating in trading of international bonds through the IBTS is incapable of carrying out performance and settlement, it is in default, and the TPEx may temporarily suspend its participation in trading through the IBTS.
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| Article 32 |
When a securities firm participating through the IBTS defaults and does not have sufficient funds for performance and settlement that has come due, the TPEx may take the following measures with respect to the original bond purchase:
- Disposing of the bonds obtained by the securities firm in the original purchase.
- Contacting another securities firm to carry out a repo transaction, then taking the measures under the preceding subparagraph.
- Contacting another financial institution to loan funds, then taking the measures under subparagraph 1.
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| Article 33 |
When a securities firm participating through the IBTS defaults and does not have sufficient bonds for transaction performance and settlement that has come due, the TPEx may take the following measures with respect to the proceeds obtained by the securities firm from the original sale, or with respect to other bonds purchased by the securities firm:
- Disposing of the proceeds obtained by the securities firm from the original sale.
- Contacting another securities firm to carry out a repo transaction, then taking the measures under the preceding subparagraph.
- Contacting another financial institution to arrange a loan of the bonds, then taking the measures under subparagraph 1.
- If the securities firm has purchased other types of bonds, they may be disposed of as given in the preceding article.
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| Article 34 |
A securities firm shall pay a monthly service fee for international bond business, calculated as follows:
- For bond transactions made through the IBTS, a maximum fee of 5/1,000,000 of aggregate transaction amounts for the month, and a minimum fee of 5/10,000,000 of total transaction amounts for the month.
- For over-the-counter bond transactions of a securities firm, the fee will be assessed at 5/10,000,000 of its total trading business volume for the month.
The total transaction amounts and the total business volume referred to in the preceding paragraph shall be converted to New Taiwan Dollars based on the average of the mid-market exchange rates during the given month at TPEx-designated foreign exchange banks.
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