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Amendments
Title:
Offshore Banking Act Enforcement Rules
CH
Amended Date:
2019.11.11
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Legal Basis
Amended Article
Legislative History
Chinese
Title:
The Regulation for the Implementation of the Offshore Banking Act(2003.12.02)
Date:
2017.08.08
2015.05.25
2013.12.26
2003.12.02
1999.03.19
Article 4
A foreign bank as provided in Article 3, Subparagraphs 2 and 3 of the
Act, is eligible to apply for the approval of the establishment of an
offshore banking branch within the territory of the Republic of China
("R.O.C."), if the said bank meets the following requirements:
1. The said bank shall have not committed any major violation of rules,
regulations or laws, neither have been recorded any serious
misconduct within the most recent five years.
2. The said bank shall rank, in terms of capital or assets, among the
top five hundred banks in the world one year prior to application,
or shall have conducted transactions with banks and major
enterprises of the R.O.C. amounting to at least one billion U.S.
Dollars during the three calendar years prior to application, of
which medium or long term credits shall be no less than one hundred
and eighty million U.S. Dollars. Where there are special
provisions in an economic and trade agreement signed by the ROC
and the home country of the said foreign bank, such special
provisions shall prevail.
3. The said bank shall have a ratio of its capital to risky assets
in compliance with the standards set by the Ministry of Finance.
4. The said bank shall have obtained the approval from the banking
authority in its home country for the establishment of an offshore
banking branch within the R.O.C., and the said authority shall
jointly undertake supervisory and control duties in conjunction
with the R.O.C. government.
5. The home country banking authority and the head office of the said
bank shall possess the comprehensive ability to supervise and
control foreign branches.