Chapter 5 Handling of Violations |
| Article 20 | Except where the circumstances set forth under Article 11, subparagraph I, item r exist, when an issuer, prior to application to the TWSE for issuance of call (put) warrants, releases or divulges information on its own initiative about the application of the warrants issue, the TWSE may send a letter requiring the issuer to give attention and make rectification. Where, due to the circumstance set forth in this paragraph, the issuer has been required by a letter from the TWSE to give attention and make rectification in the past year, the TWSE may additionally impose a breach penalty of NT$30,000 to NT$100,000; where the violation is serious in nature, the TWSE may also restrict the issuer from applications for issuance of warrants for a period of 1 month.
When the media have made a concrete announcement or disclosure of information related to the underlying securities of a particular warrants issue in the week prior to the issuer's application, the TWSE will not approve the application for issuance and market listing.
Where an issuer or a risk management institution engaged by it produces a defective report, public announcement, or disclosure of required matters with regard to an application for qualification as a call (put) warrant issuer, issuance of warrants, or relevant matters during or subsequent to the warrant duration period, the TWSE may issue a letter requiring the issuer to give attention and make rectification. Where, due to the circumstance set forth in this paragraph, the issuer has been required by a letter from the TWSE to make rectification in the past year, the TWSE may additionally impose a breach penalty of NT$30,000 to NT$100,000; where the violation is serious in nature, the TWSE may also restrict the issuer from applications for issuance of warrants for a period of 1 month.
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| Article 21 | Where any of the circumstances under Article 13, paragraph 2 apply with respect to the issuer, the TWSE may restrict the issuer from further applications for call (put) warrant issues during the subsequent 1-month period.
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| Article 22 | Where the issuer applies for call (put) warrants issuance with the TWSE and subsequently, as a means of promoting the items under application, releases or cites unconfirmed information relating to the underlying instruments, the TWSE may withhold approval for the issuance and listing of the given warrants issue and may restrict the issuer from submitting further applications for warrants issues during the succeeding 1-month period.
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| Article 23 | (deleted)
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| Article 24 | Where an issuer or the risk management institution it entrusts violates the provisions of Article 17, paragraph 1, the TWSE may send a letter requiring the issuer to give attention and make rectification. If, due to the circumstance set forth in this article, the issuer has been required by a letter from the TWSE to give attention and make rectification in the past year, the TWSE may additionally impose a breach penalty of NT$30,000 to NT$100,000; where the violation is serious in nature, the TWSE may also restrict the issuer from applications for issuance of warrants for a period of 1 month.
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| Article 25 | Where an issuer violates the provisions of Article 13-1 or 13-2, the TWSE may impose a breach penalty of NT$100,000. If, due to the circumstance set forth in this article, the issuer has been imposed breach penalty by the TWSE in the past year, the TWSE may impose another breach penalty of NT$500,000; where the violation is serious in nature, the TWSE may also restrict the issuer from applications for issuance of warrants for a period of 1 to 3 months.
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| Article 26 | Where the TWSE issues a letter to an issuer requiring attention and rectification, imposes a breach penalty on an issuer, restrains an issuer from applying for issuing warrants for a prescribed period of time, or suspends issuance, the TWSE shall submit a copy to the competent authority. An issuer subject to suspension may not resume its issuance until it completes rectification and obtains the written approval of the TWSE with a copy submitted to the competent authority.
Where an issuer is subject to a suspension by the TWSE of issuance under a circumstance in Article 8, paragraph 1, the suspension period must have expired, and the TWSE must have notified the issuer in writing of its approval, with a copy to the competent authority, if the circumstance concerned has been specifically rectified, before issuance may resume. The rectification is subject to approval of the competent authority if the disposition is imposed by the competent authority.
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