| Title： |
Taiwan Stock Exchange Corporation Regulations Governing Brokerage Contracts of Securities Brokers(2022.01.04) |
| Date： |
|
|
Article 2
|
Where any of the following conditions apply, securities brokers shall refuse to open an account for a principal; if an account has already been opened, the securities broker shall refuse to accept trading orders or subscriptions for securities:
- The principal has either no legal capacity or limited legal capacity, and is acting without the representation of a statutory agent.
- The principal is an officer or employee of the competent securities authority.
- The principal is an employee of the Securities and Futures Bureau under the competent authority and has not submitted a letter of consent from the agency.
- The principal has been declared bankrupt and restoration of rights has not been effected.
- The principal has been declared by a court to be placed under guardianship where such declaration has not yet been voided, provided that this restriction shall not apply where the guardian disposes of the securities for the interests of the person under guardianship.
- The principal has been declared by a court to be placed under assistance, where such declaration has not yet been voided, provided that when a court or the person providing assistance to the person subject to the declaration grants permission, this restriction shall not apply.
- The principal is opening an account for a juristic person but cannot provide evidence of authorization.
- The principal is a securities broker that has not received approval from the competent authority or the stock exchange.
- The principal has engaged a director, supervisor, or employee of a securities firm to act as agent in opening an account at said firm.
- The principal is applying or applied to convert an account it originally opened as a discretionary investment account to a brokerage account for the principal's own trading use.
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:
- When the TWSE or the GreTai Securities Market has sent a general notice to securities brokers that the principal is in default through failure to perform settlement obligations on time, and less than 5 years have passed while conclusion of the case is still pending. However, after a securities broker's receipt of the notice, this provision does not apply to brokerage trades made for purposes of offsetting margin purchases or short sales that were already executed for the same principal on the same day and are of the same type and same quantity of securities, nor does it apply to opposite offsetting brokerage trades made on the same day in accordance with the Operational Rules Governing Day Trades of Securities.
- An indictment has been issued against the principal by the public prosecutor for violation of the Securities and Exchange Act 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.
- Where the principal is in default of its 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.
Where the principal repeats its violation of the brokerage contract not more than a year after its initial violation, the securities broker shall, within three months from the announcement date of the conclusion of the case, collect full amount of funds and securities from the principal in advance for orders of the principal accepted by the securities broker for ten consecutive business days from the date of initial transaction.
The operating procedures for the advance collection of funds and securities in the preceding paragraph are governed by the Operation Directions for the Advance Collection of Funds and Securities by Securities Brokers in Brokerage Trading mutatis mutandis.
|