Chapter 5 Investing in Overseas Depositary Receipts |
| Article 29 | Overseas Chinese and foreign nationals may request redemption of overseas depositary receipts in which they have invested. When applying for redemption, they may request that the securities evidenced by the overseas depositary receipts be transferred to them by the depository institution, or may request the sale of the depository institution sell the securities evidenced by the overseas depositary receipts and forward payment to them of the proceeds therefrom after deduction of taxes and relevant fees.
With respect to their holdings of privately placed overseas depositary receipts and any depository receipts subsequently distributed in connection with an issue of stock dividends or new shares out of earnings or capital reserves, overseas Chinese and foreign nationals shall not, after redemption for shares issued by the issuer, sell such shares on the domestic market until at least 3 years after the overseas depositary receipts have been delivered and the issuer has filed a supplemental public issuance with the FSC.
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| Article 30 | When an offshore overseas Chinese or foreign national that has invested in overseas depositary receipts requests to redeem such receipts for the securities evidenced thereby, Articles 16, 17, 20, 21, and 23 shall apply mutatis mutandis.
Articles 10 and 19 apply mutatis mutandis to the handling of matters related to investments by overseas Chinese and foreign nationals in overseas depositary receipts; provided, however, that this provision shall not apply to overseas Chinese or foreign nationals that have received approval or registration to invest in domestic securities.
Articles 26 to 28 apply mutatis mutandis to the handling of matters related to investments by overseas Chinese and foreign nationals in overseas depositary receipts.
Where overseas Chinese or foreign nationals act before the 27 June 2003 amendments to these Regulations enter into force to open a dedicated account for the redemption of overseas depositary receipts in accordance with applicable regulations, after submitting the necessary documentation they shall apply to the TWSE to process a transfer of assets.
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| Article 31 | Overseas depositary receipts must be redeemed before investors can buy (either directly or via a depositary institution) the original securities on the domestic market, and the original securities thus purchased shall not exceed the quantity of shares for which the receipts were redeemed. [Once investors have purchased overseas depositary receipts thus redeemed,] they must place the original securities in the care of a custodian institution before a depositary institution can reissue overseas depositary receipts evidencing the same securities.
The reissuance of overseas depositary receipts contemplated under the preceding paragraph may only take place where it is expressly provided in both the deposit contract and the custody contract that overseas depositary receipts may be reissued following their redemption.
Exchange settlement matters arising in connection with the funds required for the transactions contemplated under paragraph 1 shall be handled in accordance with the applicable foreign exchange acts and regulations.
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