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Article 9
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The term "associated persons employed by securities firms whose duties relate to the securities business" referred to in paragraph 1 of Article 54, and paragraph 2 of Article 18-1 of the Act, and the persons employed by enterprises referred to in Article 18 of the Act shall include the following persons:
- Any persons employed by securities underwriters to process the underwriting, trading negotiation, or trading implementation of securities.
- Any persons employed by securities dealers to process the dealing and clearance and settlement of securities, stock business agency, or risk management and brokerage of derivative financial products.
- Any persons employed by securities brokers to process the account opening, credit search/review, solicitation, recommendation and introduction, commissioning, filing, clearance, and settlement of securities trading, margin lending and short selling, or the acceptance, delivery, and custody of securities and payment.
- Any persons employed by securities financing enterprises to process the account opening, credit search/review, clearance and settlement of securities trading, or the acceptance and delivery of securities and payment.
- Any persons employed by securities depository enterprises to implement the custody or book entry transfer of securities, or process matters related to the custody of securities.
- Any accountant in charge, investment analysts and internal auditors employed by the securities firms or enterprises referred to in the preceding 8 subparagraphs.
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Article 11
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The term "other equity-type securities" referred to in Article 157, paragraph 6 and Article 157-1, paragraph 1 of the Act shall include convertible corporate bonds, corporate bonds with warrants, stock warrants, call (put) warrants, certificates of payment for shares,stock warrant certificates, certificates of entitlement to new shares, bond conversion entitlement certificates, Taiwan depositary receipts, and other equity-type securities.
The term "profit" referred to in paragraph 1 of Article 157 of the Act shall be calculated in accordance with the following methods:
- Where the types of securities obtained or sold are of the same types, the price difference shall be calculated in a manner that the highest selling price matches the lowest purchasing price, the second highest selling price matches the second lowest purchasing price, and so on. Any losses resulting from the securities trading shall not be counted into the said calculation.
- Where acquired or sold securities are of different types, the profit shall be calculated, in the case of ordinary shares, on the basis of the trade price and the number of shares traded; calculation of profit for other securities shall be based on the closing acquisition or sales prices of the ordinary shares on the day each such security was acquired or sold and the number of ordinary shares for which such security was exercisable or convertible; matching of the acquisition and sales prices shall be based on the provisions in the preceding paragraph.
- The dividends received by the traded stocks shall be included into the price difference calculation in the preceding two subparagraphs.
- A five-percent (5%) legally mandated interest under Article 203 of the Civil Code shall be added into the price difference. Such interest shall be calculated based on the date of last trading until the date of disgorgement to the company, in the case of subparagaphs1 and 2 of this Article, and the date cash dividends are received until the date of disgorgement to the Company, in the case of Item 2.
The commissions charged by securities firms and the securities transaction tax arising from those trading shall be deducted from the profit in calculating the profit differential of Item 1 of the preceding paragraph.
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