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Amendments

Title：

Exchange Traded Notes Prospectus and Simplified Prospectus Template  CH

Amended Date： 2022.09.27 
Categories： Primary Market > Review
Article Content Content Search Article No. Search Legal Basis Amended Article Legislative History Chinese

Title： Exchange Traded Notes Prospectus and Simplified Prospectus Template(2022.01.24)
Date：
Article 3     The following information, in that order, should be printed on the front cover of the prospectus:
  1. Name of issuing company and its corporate chop.
  2. The prospectus is prepared for issuance of ETNs.
  3. A summary description of the following:
    1. Name of ETNs.
    2. Number of units to be issued and total value of issued notes.
    3. Issue date and period.
    4. Details of underlying index, including name of institution calculating the index and name of index.
    5. Issue price.
    6. How the price is determined, investor's rights and costs to be borne by investors.
  4. The following language should be shown in conspicuous print:
    1. The ETNs are valid upon approval of the Financial Supervisory Commission. The approval, however, does not indicate that investing in the ETNs is risk-free.
    2. The ETNs are non-preferential claim and unsecured securities, do not provide protection on principal and have no third-party guarantee. The securities firm issuing the ETNs only promises to pay investors the returns linked to the performance of the underlying index being tracked after maturity or early redemption of the ETNs, deducting investment services fees or tracking fees. There is no restriction on maximum fluctuations of ETNs tracking foreign indexes.
    3. The claimable amount of the ETNs upon maturity or early sellback may be lower than the original investment principal due to market fluctuations, the securities firm issuing ETNs being in default, or credit risks, and the principal may be zero in a worst scenario. Investors are advised to carefully review the prospectus and make sure they fully understand the risks and features of the ETNs.
    4. Securities firms shall not use the fact that they have been accredited to track the underlying index or they have been approved by TWSE or GreTai to issue their proposed ETNs in their promotion as proof of their application or guarantee of value of their ETNs. The securities firm issuing the ETNs and its responsible person and all other parties who have signed or affixed chops in the prospectus shall be held legally liable for any false or concealed information in the prospectus.
    5. Websites where the prospectus may be accessed, including the website designated by the competent authority for reporting of information, and the website(s) where the securities firm discloses information about the prospectus.
  5. Where an ETN that tracks an underlying index is composed of an index investment portfolio of spot assets, futures, options, or related indexes (Futures and Options Strategy ETN), the following shall be specified in addition to the above wording that shall be published:
    1. basis for the calculation of the benchmark value of the Futures and Options Strategy ETN, including the prices of spot assets, futures, options, or related indexes, and the futures price may be higher, equivalent to, or less than the spot asset price.
    2. risk of change of futures and options, and type of market environment in which performance under the trading strategy is more susceptible to risk of change than a commodity ETF.
    3. Factors that affect pricing decisions with regard to futures and options commodities, including the underlying price, market rate standard, market making by a market maker, volatility, exchange rate, inflation, re-investment, tax, credit risk, dividend policy of the constituent, price limit etc.
    4. where the Futures and Options Strategy ETN comprises options and futures long-short trading strategies, the risk of holding futures longs and shorts and long and short positions of an options contract may be higher than that of purely holding call or put options.
  6. Date of publication.
    It should be specified on the front cover of the prospectus prepared for issuing ETNs or follow-on notes that the prospectus is a draft for reporting.
Article 7-1     A securities firm having issued an ETN shall update its prospectus and simplified prospectus within a month of the end of each quarter.
    The securities firm shall also disclose in the prospectus and simplified prospectus described in the preceding paragraph any matter occurring prior to their printing which materially affects the interests and rights of the investors
Article 8     A simplified prospectus covers key information from the prospectus and should include the following information:
  1. The following language should be shown in conspicuous print:
    1. The simplified prospectus covers key information from the prospectus, and the terms used and their definitions are exactly the same as those terms in the prospectus.
    2. Investors' rights and obligations arising from their subscription of the ETNs are described in detail in the prospectus. Investors are advised to refer to the prospectus if they are interested in subscribing the ETNs.
  2. Date of publication.
  3. Particulars of the ETN: name, issuing securities firm, total issue amount, number of units issued, issue price, issue period, issue date, maturity date, name of the underlying index, trading market, method of redemption upon maturity, and distribution of proceeds.
  4. Description of the underlying index: Important terms and conditions of index licensing contract, how the index is compiled and calculated, the underlying index is consistent with the description under Article 2, paragraph 3 of the Regulations, how investors are notified of a material event relating to the underlying index that may have a material impact on their rights and interests when it has occurred and how information about this event is disclosed, and how dividends on the ETNs are allocated or how the benchmark value is adjusted if allocation of dividends on securities comprising the index should be described in order to compile the price index. In the event of a Futures and Options Strategy ETN, the investment strategy and trading strategy of the index must be described.
  5. Calculation of the estimated benchmark value and benchmark value: method of calculation of the estimated benchmark value (intraday) and benchmark value (after hours), form of disclosure of the estimated benchmark value, and reason of the difference between the estimated benchmark value and trading price.
  6. Performance of the underlying index: Its past performances shall be described
  7. What risks investors are exposed to.
  8. Itemized costs to be borne by investors, and how they are calculated and charged.
  9. Early redemption and mandatory redemption by a securities firm, and subscription and sell-back by investors.
  10. Availability of prospectus: Including being available at the location of the securities firm and its business premises where its ETNs are offered for sale, and the website designated for reporting information and the securities firm's website.
  11. Others: Investment risk warning as specified in Article 3, subparagraph 4 and the securities firm’s service number.
Article 9     The following information should be covered in the summary description of the ETNs:
  1. Name of the securities firm.
  2. Brief description of the ETNs: Name, number of units to be issued, total value of notes to be issued, issue price, issue date, maturity date, issue period, name of the underlying index, relevant markets, benchmark value, whether incomes may be distributed, investment costs, redemption upon maturity, early redemption by securities firm and subscription and sellback by investors, etc.
  3. Description of underlying index: Important terms and conditions of index licensing contract, how the index is formed and calculated, past performance, the underlying index is consistent with the description under Article 2, paragraph 3 of the Regulations, how investors are notified of a material event relating to the underlying index that may have a material impact on their rights and interests when it has occurred and how information about this event is disclosed, and how dividends on the ETNs are allocated or how the benchmark value is adjusted if allocation of dividends on securities comprising the index should be described when calculating price index. In the event of a Futures and Options Strategy ETN, the investment strategy and trading strategy of the index must be described.
  4. How the estimated benchmark value and benchmark value are calculated, disclosed, and reason of the difference between the value and trading price.
  5. How incomes will be allocated.
  6. What costs investors will bear, including itemized service fees charged by the securities firm and how they are calculated and charged.
  7. Purpose of funds and hedging strategies, and description of risk management measures.
  8. What risks investors are exposed to. In the event of a Futures and Options Strategy ETN, any impact of a futures or options price change on the index yield must be exemplified.
  9. How the ETNs are traded in the securities markets and how investors subscribe and sell back the notes. This information should at least cover sellback price being the benchmark value published after market close on the date of request, minimum sellback units, delivery schedule of funds and securities, etc.
  10. Method of redemption upon maturity. This information should at least cover the redemption schedule, redemption price being the benchmark value published after market close on the last trading day, last trading day being the second business day before the maturity date, date of delisting from the exchange or OTC market being the business day immediately after the maturity date, etc.
  11. Conditions and procedures for securities firm to issue follow-on notes, early redeem, suspend or resume subscription and stop subscription. This information should at least cover that the last trading day being the business day immediately after the date when conditions on early redemption (or mandatory redemption) are satisfied, redemption price being calculated using the benchmark value published after market close on the last trading day, redemption schedule, etc.
  12. Procedures for reporting revocation or rescission by competent authority to take effect, delisting from the exchange or OTC market, and required actions. This information should at least cover that the last trading day being the business day immediately after satisfaction of conditions on delisting from the exchange or OTC market, redemption price being calculated based on the benchmark value published after market close on the last trading day, a redemption plan to be promptly prepared and reported in writing to TWSE or GreTai if the institution calculating the underlying index announces to stop calculating the index, or the index licensing contract is terminated.
  13. Other required information.