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Title:
Taiwan Stock Exchange Corporation Regulations Governing Brokerage Contracts of Securities Brokers
CH
Amended Date:
2024.05.24 (Articles 17 amended,English version coming soon)
Current English version amended on 2023.04.28
Categories:
Basic Laws and Regulations
Market Supervision > Regulation of Securities Firms
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Amended Article
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Chinese
Title:
Taiwan Stock Exchange Corporation Regulations Governing Consignment Contracts of Securities Brokers(2005.08.01)
Date:
2022.10.11
2022.01.04
2019.07.11
2018.12.24
2018.01.19
2017.08.07
2017.05.08
2016.09.26
2016.04.13
2015.07.17
2014.11.04
2014.09.03
2014.08.29
2014.06.16
2014.03.24
2013.12.31
2011.12.05
2011.10.26
2011.03.24
2010.12.14
2010.05.14
2010.04.28
2010.04.16
2009.12.09
2009.10.22
2009.09.23
2009.09.17
2009.08.20
2009.06.12
2009.05.11
2009.01.05
2008.09.03
2008.06.23
2008.04.07
2007.10.18
2007.01.17
2006.05.29
2005.08.01
2005.05.13
2005.05.03
2004.07.09
2004.05.13
2003.10.27
2003.10.01
2003.08.15
2003.08.01
2002.09.19
Article 2
Where any of the following conditions apply, securities brokers shall refuse to open an account for a principal:
1. The principal is a minor acting without the representation of a statutory agent.
2. The principal is an officer or employee of the Taiwan Stock Exchange Corporation or the competent securities authority.
3. The principal has been declared bankrupt and restoration of rights has not been effected.
4. The principal is under an order of interdiction and without the representation of a statutory agent.
5. The principal is opening an account for a juristic person but cannot provide evidence of authorization.
6. The principal is a securities broker that has not received approval from the competent authority or the stock exchange.
7. The principal has engaged a director, supervisor, or employee of a securities firm to act as agent in opening an account at said firm.
8. The same principal in discretionary investing opens more than one account with the same discretionary trader at the same business location of the same securities broker, provided that this restriction shall not apply when the principal is a government-sponsored fund such as a civil servants' retirement/disability fund, labor retirement fund, labor insurance fund, or postal remittance fund, and that when engaging the same discretionary trader to undertake discretionary investment, the principal opens different discretionary investment accounts at the same business location of the same securities broker so as to correspond to the different respective discretionary trading contracts employed.
Where any of the following conditions apply, securities brokers shall refuse to open an account for a principal and shall refuse to accept orders for trades or subscriptions to securities on an already-opened account:
1. When the Taiwan Stock Exchange or the GreTai has sent a general notice to securities brokers that the principal has breached contract through failure to perform settlement obligations on time, and less than five years have passed while conclusion of the case is still pending.
2. An indictment has been issued against the principal by the public prosecutor for violation of the Securities and Exchange Law or for forgery or alteration of listed or OTC securities, where a judgment is still pending or where not more than five years have passed following issuance of a final and conclusive judgment by the court.
3. Where the principal has breached a futures trading contract and less than five years have passed while conclusion of the case is still pending, or where the principal has violated regulations for management of futures trading and not more than five years have passed since the issuance of a final and conclusive criminal judgment by the judicial authorities.