| Article 50 | A master agent or sub-distributor mandated thereby may not engage in the following conduct when engaging in advertising, public informational meetings, or promotional activities in connection with offshore funds, unless otherwise provided by the FSC:
- Using FSC approval or effective registration of the offshore fund as evidence of any matter in connection with the application (or filing) or in publicity claiming any guarantee of the value of the fund;
- Creating mistaken confidence that the security of investment capital or profitability can be guaranteed;
- Offering gifts or other benefits as an inducement to purchase offshore funds;
- Exaggerated publicity claims about past performance or advertising attacking industry competitors;
- False or deceptive acts, or other conduct obviously inconsistent with facts, or intended to mislead others;
- Advance advertising, public informational meetings, or promotional activities for an offshore fund not yet approved by or effectively registered with by the FSC;
- Disseminate material in violation of a law or regulation, agreement, or the prospectus;
- Making predictions of an offshore fund's future performance;
- Involvement in speculation on NT Dollar exchange rates;
- Violate the self-regulatory code for advertising and promotional activities set by the SITCA;
- Other matters prejudicial to the rights and interests of investors.
The self-regulatory code referred to in subparagraph 10 of the preceding paragraph, and any amendments thereto, shall be drafted by the SITCA and ratified by the FSC.
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| Article 51 | The master agent and the sub-distributor shall both be held liable under applicable laws and regulations for any violation of the preceding article by a master agent’s mandated sub-distributor when engaging in advertising, public informational meetings, or promotional activities in connection with offshore funds.
The master agent shall report to the SITCA within 10 days from the occurrence of any advertising, public informational meeting, or promotional activities in connection with offshore funds engaged in by the master agent or its mandated distributors. Upon discovery of a matter listed in any subparagraph of paragraph 1 of the preceding article, the SITCA shall compile relevant information and submit a written report to the FSC at the end of each month; where it involves a matter in subparagraph 9 thereof, it shall also notify the CBC by letter.
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