Section 1 Operations for In-Kind Creation of Domestic-Component-Securities Securities Investment Trust ETF Beneficial Certificates and Domestic-Component-Securities Active ETF Beneficial Certificates
Article 6 |
When a securities firm, for its own account or on behalf of customers, performs in-kind creation of domestic-component-securities securities investment trust ETF beneficial certificates, the securities earmarking operations shall be conducted in accordance with the following procedures:
- TDCC, based on notification from the TWSE or TPEx, shall perform the earmarking operations for the securities firm's or its customer's original securities portfolio, borrowed securities, balance of the securities portfolio bought one business day preceding the subscription date, balance of the securities portfolio bought on the subscription date, and securities portfolio from in-kind redemption on the business day preceding the subscription date, and report the results of the earmarking to the TWSE or TPEx.
- On the first business day after the subscription date, after reviewing the in-kind creation information, the SITE will notify the TWSE or TPEx of any discrepancy in the in-kind creation information, in which event the TWSE or TPEx will notify TDCC, which will perform the operation to remove the earmark on the securities portfolio earmarked in the proprietary account or customer account under the securities firm's depository account.
- The securities firm may perform an "ETF Changes Details Query" (transaction code 346, query type 1), and print an "ETF Earmarking/Removal Details Query Form", to query the detailed information on the earmarking and removal of earmarking of in-kind creation securities.
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Article 7 |
When a SITE conducts the book-entry transfer operations of domestic-component-securities securities investment trust ETF beneficial certificates, the following procedures shall be followed:
- The TWSE or TPEx, based on the details of the SITE's creation order, will transmit the data media of the distribution lists of the securities to TDCC for the book-entry transfer.
- TDCC, will compile the number of units and the amounts based on the data media of the preceding subparagraph transmitted by the TWSE or TPEx, and then notify the SITE. The SITE, by 5:30 p.m. one day before the book-entry delivery date, shall perform an "ETF Registration and Book-Entry Delivery/Cancellation Application" (transaction code A88; application type 2: creation), and after verifying the accuracy of the information shall notify TDCC (execution operation item 1: confirmation); if the check reveals any discrepancy, it shall immediately notify TDCC, and jointly investigate the reason with TDCC, the TWSE, or the TPEx and address the issue.
- TDCC, based on the SITE's confirmation notice, will register the issuance amount for that transaction. After registration is completed, the SITE may apply to TDCC for issuance of a Certificate of Registration of Issuance in Dematerialized Form.
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Article 8 |
In the book-entry transfer operations for in-kind creation of domestic-component-securities securities investment trust ETF beneficial certificates, the following procedures shall be followed:
- On the book-entry delivery date, TDCC, based on notification from the TWSE or TPEx, will transfer the securities portfolio from the proprietary account or customer account under the securities firm's depository account to the SITE's depository account at the custodian, and deliver those beneficial certificates by book-entry transfer to the proprietary account or customer account under the securities firm's depository account.
- On the book-entry delivery date, TDCC will prepare a "Transfer List of ETF Beneficial Certificates" (STN17) and deliver it to the SITE.
- The securities firm may perform a "Transfer Transaction Details Query" (transaction code 167, query type 1), and print a "Transfer Transaction Details Query Form", to check the details of book-entry transfer operations – inward transfers of those beneficial certificates – on the current day.
- The custodian may perform a "Transfer Transaction Details Query" (transaction code 167, query type 1), and print a "Transfer Transaction Details Query Form", to check the details of inward transfers of the securities portfolio on the current day.
- In the event of any failure by the securities firm to perform settlement obligations on the book-entry delivery date, or if the SITE wishes to amend its registration and book-entry delivery application information and data media of the distribution lists of the securities for registration and delivery by book-entry transfer, the SITE shall submit an amendment application to request TDCC to carry out the operations for debit of those beneficial certificates.
- A securities firm, with the prior consent of the SITE, will deliver securities that meet a required percent of the deliverable securities portfolio, and pay a margin for the shortfall in the securities in the required time period. Then, on the first business day after the subscription date, the securities firm will purchase securities to fully cover the shortfall and deliver them to the SITE. TDCC will, on the third business day after the creation date, based on notification from the TWSE or TPEx, transfer the securities purchased for delivery to cover the shortfall from the proprietary account or customer account under the securities firm's depository account to the SITE's depository account at the custodian. The custodian may perform a "Transfer Transaction Details Query" (transaction code 167, query type 1) to print a "Transfer Transaction Details Query Form" and check the details of the inward transfer of the securities that were purchased and delivered to cover the shortfall.
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Article 9 |
When a securities firm, on a single day, buys for its own account, or buys on behalf of a single customer account, a quantity of the securities portfolio represented by domestic-component-securities securities investment trust ETF beneficial certificates that is sufficient—or a quantity of the securities portfolio that, with the addition of originally held securities, borrowed securities, the balance of securities bought on the preceding business day, and securities from in-kind redemption on the preceding business day, is sufficient—to reach the requirements for in-kind creation of those beneficial certificates, and sells those beneficial certificates, the following procedures shall be followed:
- When the securities firm buys the securities portfolio represented by those beneficial certificates on its own account, or on behalf of a single customer account, and sells those beneficial certificates on a single day, it shall on the same day follow the procedures set out in this Section to apply for in-kind creation operations.
- When, on the second business day after the subscription date, the securities firm has an insufficient balance in its account due to the sale of those beneficial certificates on the subscription date, the TWSE or TPEx will compile an itemized statement of postponed delivery as a temporary substitute for settlement.
- On the second business day after the subscription date, TDCC, based on notification from the TWSE or TPEx, will deliver those beneficial certificates by book-entry transfer operation to the proprietary account or customer account under the securities firm's depository account, and then will transfer them from the proprietary account or customer account under the securities firm's depository account into the TWSE or TPEx settlement account, as a basis for conducting the operations to wind up the postponed delivery.
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Article 9-1 |
The provisions of this Section apply mutatis mutandis to the in-kind creation operations for domestic-component-securities active ETF beneficial certificates.
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