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II. Procedures for reporting default:
A principal that fails to effect settlement within the specified period is in default. Securities brokers shall report the default in accordance with the provisions below, and shall at the same time notify the principal:
1. Computer transmission:
(1) Period for computer entry:
(i) When it has confirmed the occurrence of default by a principal, a securities broker shall immediately enter the default information into the TWSE computer. The deadline for reporting, in the case of delivery of securities sold, is 6:00 p.m. on the first business day following the confirmation of the trade; for the prices of securities purchased, the deadline is 6:00 p.m. on the second business day following the confirmation of the trade. However, on Monday through Friday, when bank operations prevent the broker from learning of any shortfall in the deposit of securities prices until after 6:00 p.m., the information shall be entered immediately, with a deadline of 8:00 p.m., and the bank notice shall be sent with a letter of report to the TWSE for verification.
(ii) If the principal is an offshore overseas Chinese or foreign national, when the securities broker reports the principal's delayed settlement and the principal fails to perform settlement obligation on time, the input time set forth in the preceding subparagraph may not be later than 6 p.m. of the third business day after the trade date.
(iii) In the case of block trades that are to be settled on the trade date, when it has confirmed the occurrence of default by a principal, a securities broker shall immediately enter the default information into the TWSE computer, no later than 2:30 p.m. on the trade date.
In the case of block trades that are to be settled on the second business day after the trade date, when it has confirmed the occurrence of default by a principal, a securities broker shall proceed in accordance with the provisions of items (i) and (ii).
(iv) A securities broker that enters information in accordance with the time period specified in items (i), (ii), or (iii) may, at 8:30 a.m. the next morning, receive and review the information on the principal's contractual default and submit it for display on the TWSE public announcement information system for that afternoon.
(v) When a natural disaster occurs such that local mayors and county magistrates announce closure of schools and public offices, electronic reporting by securities brokers within the affected region shall be undertaken in accordance with the provisions for handling of settlements due in the TWSE Measures for Market Closing or Trading During Natural Disasters.
(2) Accidental breakdowns:
When accidental breakdowns result in interruptions in the computer transmission lines, securities brokers shall inform the TWSE Trading Department by telephone, and put information required to be input into written form, and after affixing the seals of the company and responsible person, send it via facsimile to the TWSE, which will subsequently carry out supplemental input based on the information contained in the facsimile.
2. Default report letter:
In addition to the report to the TWSE referred to in the preceding paragraph, in any instance when defaults by the same principal on the same day total NT$10 million or more, the securities broker shall file a letter of report with the TWSE for its files; the same shall be true when the default violates Article 91, paragraph 2 of the TWSE Operating Rules.
(1) Report letter content:
(i) The name of the principal.
(ii) The principal's account number.
(iii) The principal's national ID number.
(iv) The principal's address.
(v) The facts of the default.
(2) Copies of documents to be attached:
(i) The front and reverse sides of the principal's national ID card.
(ii) The consignment contract (front and reverse sides).
(iii) The letter of consignment.
(iv) The trading report.
(v) The settlement receipt form.
3. When a securities broker receives a brokerage order to buy or sell securities through an omnibus trading account, if the principal fails to perform its settlement obligations and default occurs, the securities broker shall report the default on the basis of the principal's brokerage account.
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III. Reporting of delayed settlement and cancellation operations:
If the principal is an offshore overseas Chinese or foreign national, and during the trade authentication process a verifiable force majeure event occurs such as non-coinciding holiday schedules in two locations, a telecommunications outage, or a natural disaster, and the custodian institution does not receive settlement instructions or the settlement instructions and trade report do not match and settlement is not completed by 6 p.m. on the first business day after the trade date, the securities broker shall immediately input the information regarding the delayed settlement into the TWSE computer, and report by letter, enclosing the relevant evidentiary documents, to the TWSE on the next business day; the same applies in the case of block trades to be settled on the second business day after the trade date .
If it is on record that the securities broker reported delayed settlement to the TWSE as provided in the preceding paragraph, if by 6 p.m. on the third business day after the trade date, the principal performs its settlement obligations on time for its securities sold or for the price payable after netting its buy and sell trades or the securities broker reports an out-trade, the securities broker shall report to the TWSE to cancel the record of delayed settlement.
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IV. Procedures for handling delayed settlement:
1. If a securities broker reports delayed settlement by a principal, if the securities broker is required to carry out settlement procedures on the principal's behalf because the date for settlement by the principal comes due, when the principal performs its settlement obligation on time, the securities broker shall use any securities it has received due to carrying out settlement on the principal's behalf to return securities borrowed at that time, and shall use any price it has received due to carrying out settlement on the principal's behalf to offset any price it paid at that time.
2. Securities borrowed, funds paid on the principal's behalf, and relevant costs incurred by the securities firm due to delayed settlement shall be repaid by the participant to the securities firm at the time it performs its settlement obligation on time.
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