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Guidelines Governing the Identification of Foreign Investment Holding Companies in Articles 26 and 27 of the Taiwan Stock Exchange Corporation Rules Governing Review of Securities Listings  CH

Amended Date: 2006.03.01 
Categories: Primary Market > Review
Article 1     Theses Guidelines are established to regulate the standards for identifying foreign investment holding companies in regard to applications by foreign issuers for listing of Taiwan Depositary Receipts (TDRs) and shares issued by them.
Article 2     For purposes of these Guidelines, a foreign investment holding company shall mean a foreign company specializing in investment with the purpose of controlling, directly or indirectly through its subsidiaries, the operation of at least two or more controlled companies.
    A controlled company shall refer to one of the following companies:
  1. an invested company in which the investment holding company holds more than fifty percent of its issued voting shares;
  2. an invested company in which the investment holding company through its subsidiaries indirectly holds more than fifty percent f the invested company's issued voting shares;
  3. an invested company in which the investment holding company directly and indirectly through its subsidiaries, holds more than fifty percent of the invested company's issued voting shares.
Article 3     As shown in its consolidated financial statements, a foreign investment holding company shall have more than fifty percent of its operating income from its controlled companies in which the holding company holds more than fifty percent of the invested company's issued voting shares, and its investment in each of these controlled companies, on book value, shall account for more than fifty percent of both its noncurrent equity investment and shareholders' equity, and none of these controlled companies may specialize in investment.
Article 4     These Guidelines shall take effect after having been submitted to and approved by the competent authority and publicly announced.. Subsequent amendments thereto shall be effected in the same manner.