| Title： |
Rules Governing Responsible Persons and Associated Persons of Securities Firms(2003.12.31) |
| Date： |
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Article 2
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The term "responsible person" as used in these Rules shall be defined in accordance with Article 8 of the Company Law.
The term "associated persons" as used in these Rules means persons who engage in the following businesses for a securities firm:
1.investment analysis of securities, internal auditing or accounting;
2.the undertaking of the underwriting and trading of securities;
3.the dealing, settlement, clearing of securities or agency for stock affairs;
4.the account opening, credit search, solicitation, receiving consignment, filing, settlement, clearing of the trading of securities or the receipt, payment, and safekeeping of cash and stocks;
5.providing margin purchases or short sales for securities transactions;
6.risk management or operation of derivative financial products.
The responsible person and associated persons of the overseas branch of a securities firm shall abide by the local laws and regulations governing securities in the country where they carry out their operations. With the exception of Article 12, Article 13, and Article 18, paragraph 1, these Rules shall not apply.
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Article 13
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In the occasion of any change of the responsible persons and associated persons, the securities firm shall follow the following rules and report to the stock exchange, securities dealers association or over-the-counter stock exchange for registration within five days after the change. The securities firm shall not be released from its liabilities with regard to the actions of such persons before completion of the registration for the change.
1.To register for the change in the event of any job transfer or promotion of the responsible person or associated person of a securities firm.
2.To cancel the registration in the event of any death, resignation, layoff, discharge, severance and retirement of the responsible person or associated person of a securities firm.
3.To revoke the registration in the event that the responsible person or associated person is ordered to be discharged from his post by the Commission in accordance with the Law or the registration of said person has any of the events specified in Paragraph 3 of the preceding article.
In the case of registration of changes in the responsible person or associated person of the overseas branch of a securities firm, registration shall be performed within ten days after the change.
The stock exchange, securities dealers association or over-the counter stock exchange shall report the registration condition with regard to the registration referred to in the preceding Paragraph for the previous month to the Commission for recordation before the fifteenth day of each month.
With regard to the change of internal auditing associated person of a securities firm described in Paragraph 1, the securities firm shall file with the stock exchange, securities dealers association or over-the-counter stock exchange for review and recordation before any change shall take effect.
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