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Article NO. Content

Title:

Operating Rules for Custody and Investment of Funds by Securities Firms on Behalf of Customers  CH

Amended Date: 2015.03.31 
Categories: Securities Exchange Market > Borrowing of Money
Article 19     A securities firm conducting business relating to custody and investment of funds on behalf of customers shall set up a separate sub-account within its cash management account for each customer and record the following therein on a daily basis:
  1. Transfer of customer funds from any specified source.
  2. Transfer of funds not reaching the minimum investment level.
  3. Transaction in subject instruments and the transfer of funds.
  4. Transaction involving further reinvestment of funds as agreed with the customer and the transfer of funds.
  5. Transfer of interest accrued on custodied funds and income arising from investing of funds.
  6. Transaction conducted to meet the customer's need of settlement funds and the transfer of funds.
  7. Transaction conducted to meet the customer's request for early withdrawal of funds and the transfer of funds.
  8. Transaction conducted due to the customer's early termination of the agreement or non-renewal of the agreement upon expiration and the transfer of funds.
    The securities firm shall retain all records and all receipt and payment vouchers relating to any receipt and release/payment of funds under the preceding paragraph and relevant investing activities, and prepare a reconciliation statement on a monthly basis based on daily account records and send it to the customer. Additionally, the reconciliation statement shall provide transaction details and balance details of subject instruments already used, specifying:
  1. In the case of a fund, the name of the fund, total number of units, and net asset value.
  2. In the case of a repo transaction, the counterparty, type of underlying bonds, monetary amount assigned for transaction, interest rate, and duration of agreement.
  3. In the case of an outright transaction, the type, name, face amount, face interest rate, purchase amount, execution price, transaction date, expiration date, and any other relevant information with respect to the underlying instrument.

    The securities firm shall make a notation in the reconciliation statement indicating any transaction under subparagraphs 1 to 3 of the preceding paragraph that is conducted with the securities firm itself or with a company that is an interested party of the securities firm.
    The securities firm shall obtain a letter of consent signed by each customer agreeing that the securities firm may provide the relevant information regarding its custody and investment of funds on behalf of the customer to the TWSE, the GTSM, and any institution designated by the competent authority for their collection, computerized processing, and international transmission or use of the information in accordance with applicable laws and regulations.