Chapter V-1 Administration Of Overseas Branch Offices |
| Article 58-1 | If the business that an overseas branch office of a securities firm would handle under the local securities acts and regulations and customary business practices of the place surpass the business items of the head office, an application for approval, accompanied by the following documents, shall be filed with the FSC in advance:
- Business item particulars: including the products to be handled, types of transactions, and trading counterparts and markets.
- Local acts and regulations that must be complied with when engaging in such business.
- Minutes of the board of directors' (board of governors') meeting.
- Internal control and risk management plans.
- Legal opinion by a lawyer.
- Other documents that the FSC requires to be submitted.
If there is any change in the FSC-approved business items of an overseas branch office of a securities firm, the change shall be reported to the Commission for recordation within 10 days from the day of the change.
The overseas branch offices of a securities firm shall abide by the local securities acts and regulations of the place where they are conducting business.
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| Article 58-2 | A securities firm shall implement internal audit procedures in its overseas branch offices in accordance with the securities firm's internal control system.
A securities firm shall dispatch personnel to conduct on-site audits of its overseas branch offices at least once per year. Audit reports shall be submitted to the TWSE and forwarded by it to the Commission for recordation within 1 month from completion of the audit.
A securities firm whose overseas branch office receives an audit report from a local competent authority or auditing agency shall file the report or any deficiencies discovered in the audit with the Commission for recordation within 10 days from the day next following the receipt of the audit.
Where any material emergency or incident of malpractice, or disposition by a local competent authority, occurs with respect to an overseas branch office, a report shall be filed with the Commission within 2 days from the day next following the occurrence of the incident or receipt of the disposition notice from the local competent authority.
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| Article 58-3 | A securities firm establishing an overseas branch office shall report any matters relating to outward remittance of capital, registration, or amendment registration in accordance with Article 58.
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