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Title:

Regulations Governing Stock Exchanges  CH

Amended Date: 2012.07.11 
   Chapter III Management and Supervision
      Section II Organization and Personnel
Article 37    A stock exchange shall set up organization bylaws with regard to the organization, projected amount of its employees and job titles and shall file with the FSC for approval. This also applies on the occasion of amendments.
Article 38    A stock exchange shall set up personnel management regulations with regard to the hiring, remuneration, evaluation, reward and punishment, training, retirement, severance and compensation for the employees and shall file with the FSC for approval. This also applies on the occasion of amendments.
    A stock exchange shall remunerate its employees in accordance with the personnel management regulations described in the preceding paragraph and shall not provide any other remuneration.
Article 39    The managers of a stock exchange shall not have any conditions specified in Article 53 of the Act and shall have one of the following qualifications:
  1. Have a master's degree or above and have worked in a management position(s) of a securities or financial institution(s) or of the business department of a state-run or private-owned business(es), or worked as a lecturer or above in a college(s) or above for 1 year or more.
  2. Graduate of a college or above and have worked in a management position(s) in a securities or financial institution(s) or in the business department of a state-run or private-owned business(s) for 3 years or more.
  3. Have worked in a management position of a securities or financial institution(s) or in the business department of a state-run or private-owned business(s) for 5 years or more.
    Managers as referred to in the first paragraph include presidents, vice presidents, assistant vice presidents and directors and deputy directors of each business department.
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Article 40    The managerial associated persons employed by a stock exchange shall not have any conditions specified in Article 54 of the Act and shall have one of the following qualifications:
  1. Graduate of a college or above or passed the advanced examination or the equivalent special examination, and have worked in the business department of a securities or financial institution or in the financial or stock affairs department of a listed company for 3 years or more.
  2. Have worked in the business department of a securities or financial institution(s) or in the financial or stock affairs department of a listed company(ies) for 5 years or more.
  3. Qualified as a securities investment analyst.
  4. Have been registered as a senior associated person of a securities firm or received the certificate of passing the test for the senior associated person of a securities firm issued by the FSC.
  5. Have passed the test for the senior associated person of a securities firm held by the ROC Securities and Futures Institute (SFI) which is mandated by the ROC Securities Dealers Association (SDA).
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Article 41    The non-managerial associated persons shall not have any conditions specified in Article 54 of the Act and shall have one of the following qualifications:
  1. Graduate of college or above.
  2. Certified with the ordinary examination or the special examination equivalent to the ordinary examination or above.
  3. Have worked in the business department of a securities or financial institution(s) or in the financial or stock affairs department(s) of a listed company for 3 years or more.
  4. Have been registered as an associated person of a securities firm or received the certificate of passing the test for the associated person of a securities firm issued by the FSC.
  5. Have passed the test for the associated person of a securities firm held by SFI which is mandated by SDA.
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Article 42    The assistant associated persons shall not have any conditions specified in Article 54 of the Act and shall have one of the following qualifications:
  1. Graduate of high school or above.
  2. Have passed the special examination which is lower than the ordinary examination.
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Article 43    A stock exchange shall report to the FSC for review and recordation within 5 days after the change of the directors, supervisors and managers of the stock exchange.
Article 44    A stock exchange shall prepare a list regarding the change of the associated persons and report to the FSC on a monthly basis.
Article 45    The managers and associated persons of a stock exchange shall not in any way assume any part-time post or honorary post of a listed company or a securities firm.
Article 45-1    In the event that the managers and associated persons of a stock exchange are delinquent or fail to perform their duties thoroughly, the stock exchange employing them shall have them discharged or sanctioned appropriately.
Article 46    Managers and associated persons shall not engage in the following conducts:
  1. Directly or indirectly engaging in buying and selling listed securities with the information learned from their performance of duty.
  2. In response to an inquiry not made pursuant to the laws and regulations, and revealing confidential information learned from their performance of duty.
  3. Being a creditor or debtor in a monetary or securities loan with business related persons.
  4. Demanding, agreeing to accept or accepting improper benefits for an official act or for a breach of one's official duties.
  5. Not withdrawing in the event that the performance of duty involves conflict of interest.
  6. When engaging in the listing, transaction, settlement, clearing or custody of securities, there being any fraud, deception or any misleading conducts.
  7. Any other conduct which is against the securities laws and regulations or the rules of the FSC.
    The directors, supervisors, members of each committee or persons of the equivalent level of a stock exchange shall not engage in the conducts as referred to in subparagraphs 1 to 5 and subparagraph 7 of the preceding paragraph.
Article 47    When engaging in the business activity in the business premises of a stock exchange or in the centralized securities exchange market, the associated person of a stock exchange shall wear the regulated uniform and shall be wearing the identification card issued by the stock exchange. Only registered stock exchange associated persons may engage in the business as referred to in Article 3.
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