Chapter V Supplementary Provisions |
| Article 80 | The transfer of securities underwritten by an underwriter shall be undertaken as prescribed by the Regulations Governing the Administration of Shareholder Services of Public Companies.
|
|
| Article 81 | In processing a subscription from a QFII or a mainland area investor, a securities firm shall act as prescribed by the Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals or by the Regulations Governing Securities Investment and Futures Trading in Taiwan by Mainland Area Investors.
|
|
| Article 82 | Persons participating in the subscription to an underwritten offering as prescribed by these Rules shall not do so by exploitatively or fraudulently using another person's name or by falsifying a national ID certificate. Where a securities firm discovers that a subscription participant has exploitatively or fraudulently use another person's name or falsified a national ID certificate, the firm shall disqualify the subscriber, and shall not refund the processing fee. Where such a person has already subscribed to securities, he/she shall be disqualified, and subscription payments and postage expense for lottery winner notification shall not be refunded.
|
|
| Article 83 | If the conditions set forth in Article 58 paragraph 1 subparagraphs 1 through 6 or Article 75 paragraph 1 subparagraph 1 apply to a person participating in the subscription to an offering as prescribed by these Rules, after the person has been disqualified, subscription payments already deducted/paid shall be refunded; provided, however, that any handling fee and postage expense for lottery winner notification already deducted/paid shall not be refunded.
If a subscriber disqualified pursuant to the preceding paragraph, or a disqualified inheritor, wishes to request a refund of payments already made, the subscriber or inheritor shall furnish an original copy of the subscriber's or inheritor's national ID certificate (a juristic person shall furnish its company registration certificate; a minor less than 14 years of age may instead furnish an original list of current household members and along with the original of his/her statutory agent's national ID certificate), receipt slip from the notice of payment due (subscription form and notices of payment due, however, those allocated units in the public subscription have no receipt slips from the notice of payment due) and the registered seal impression for the seal used to stamp the notice of payment due (subscription form and notice of payment due) (those allocated units in the public subscription shall use the registered seal impression for the seal that they used to open their trading account), and request the original underwriter (in case of those units in the public subscription, the original broker) to undertake a refund.
|
Info |
| Article 84 | The Taiwan Securities Association and relevant agencies may charge a fee to securities firms for administering competitive auctions and public subscriptions. Such fee shall be formulated by the Taiwan Securities Association in consultation with the relevant agencies, and prior to implementation shall be reported to the competent authority for approval.
|
|
| Article 85 | (Deleted)
|
Info |
| Article 85-1 | (Deleted)
|
|
| Article 85-2 | After the conclusion of the underwriting period, the securities underwriter that conducted the underwriting of securities shall store in an electronic medium data relating to subscriptions, allocations, payments, and specific persons, and data relating to the process of deciding allocations, and preserve it for at least five years for reference purposes.
|
Info |
| Article 85-3 | A broker shall open a special customer securities underwriting account at the designated bank. The funds in the account may not be used for any purpose other than processing receipts or remittances in connection withr the processing fees, lottery winner notification postage expenses, and subscription payments for subscriptions to securities, and the bid processing fees, bid deposits, award prices, and award processing fees for bids for securities.
|
|
| Article 86 | If a securities firm violates any law or regulation or these Rules, measures will be taken in accordance with the Taiwan Securities Association Rules for Handling Deficiencies in Underwriting Business Conducted by Underwriters. However, if the circumstances of the violation are serious, the matter shall additionally be referred to the disciplinary committee for a decision on its handling. Upon a resolution by the Board of Directors of the Taiwan Securities Association, the matter may be reported to the FSC.
|
|
| Article 87 | These Rules and any amendments hereto shall take force after passage by a meeting of the board of directors, and subsequent reporting to and approval by the FSC. The adoption, elimination, or amendment of any attachments to these Rules shall take force after passage by a meeting of the board of directors.
|
|