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Article 5
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The bank in Article 3 of these Guidelines shall meet the following conditions:
- If it is an R.O.C. bank (including subsidiaries of a foreign bank that are organized and registered in the R.O.C. under the Company Act), its equity ratio, tier 1 capital ratio and capital adequacy ratio shall conform to the following conditions:
- They may not be lower than the minimum ratio prescribed in Article 5, Paragraph 1, Subparagraphs 1 and 2 of the Regulations Governing the Capital Adequacy and Capital Category of Banks.
- The minimum ratio prescribed in the preceding item may not be lower than the increased ratio after a raise by the Financial Supervisory Commission pursuant to Article 5, Paragraph 2 of the Regulations Governing the Capital Adequacy and Capital Category of Banks.
- In the event of a branch in the R.O.C. of a foreign bank, the credit ratings of its head office shall meet any of the following standards:
- Long-term obligations are rated BBB- or above and short-term obligations A-3 or above by Standard & Poor's Ratings Services.
- Long-term obligations are rated Baa3 or above and short-term obligations P-3 or above by Moody's Investors Service, Inc.
- Long-term obligations are rated BBB- and short-term obligations F3 by Fitch Ratings Ltd.
- Long-term obligations are rated twBBB- and short-term obligations twA-3 by Taiwan Ratings Corporation.
- Long-term obligations are rated BBB- (twn) and short-term obligations F3 (twn) by Fitch Ratings Limited, Taiwan Branch.
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