| Title： |
Regulations Governing The Use Of Trading Information(2008.12.18) |
| Date： |
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Article 3
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Terms used herein are defined as follows:
1. "Competent authority" means the Financial Supervisory Commission, Executive Yuan.
2. "User applicant" means any securities firm, futures commission merchant, telecommunications business, information company, news media institution, cable television operator, satellite radio and television enterprise, or Internet firm applying to use trading information pursuant to these Regulations, or any other enterprise applying with the consent of the TSEC.
3. "Trading information" means any information developed or transmitted by the TSEC relating to the centralized securities exchange market, and any derivative information thereof.
4. "Electronic display" means a single display screen on which technical charts or indexed search results with respect to securities trading information can be displayed at one's option.
5. "Television wall" means a combination of television screens used to display securities market price information in whole or in part.
6. "Real-time information and delayed information" mean, respectively, trading information transmitted during market trading hours and trading information transmitted with delays of 20 minutes or more relative to real-time information.
7. "After-market information" means information on a given day's trading transmitted after trading hours the same day.
8. "Direct connection and indirect connection" mean, respectively, direct connection to the TSEC's computer systems by a user applicant to obtain trading information, and connection by a user applicant through another user applicant to obtain trading information indirectly.
9. "Subscriber" means any person who receives the trading information relayed by a user applicant.
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Article 8
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Each of the information companies and telecommunication enterprises applying for the use of the Trading Information shall meet the following conditions:
1. Qualifications:
(1) A license issued by the competent authority with jurisdiction over telecommunications enterprises.
(2) The capability to independently develop and maintain software, or having engaged persons with such competencies.
(3) A head office with a monitoring center that has control capability and software and hardware engineers.
(4) An operating fund maintained at a level sufficient to support one full year of operation.
(5) No violation of these Regulations within the most recent two years that resulted in termination of contract.
2. Required documents:
(1) A letter of application;
(2) A photocopy of the responsible person or representative's identity card;
(3) A photocopy of the company registration documents, or for a foundation, a photocopy of its registration certificate;
(4) A photocopy of the profit-seeking enterprise business registration documents;
(5) A photocopy of the permit license or approval letter issued by the competent authority with jurisdiction over telecommunications enterprises;
(6) The financial report for the most recent year audited and attested by a certified public accountant.
(7) A combined credit report on the enterprise and its responsible person issued by the Joint Credit Information Center.
(8) A register of the directors, supervisors, managers, and shareholders that hold more than 10 percent of the total shares of the company.
Qualifications for user applicants whose principal business is not the provision of trading information may be separately prescribed by the TSEC, based on actual need and the principle of avoiding the creation of inappropriate entry barriers for enterprises or prejudice to the principle of free competition in the market.
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Article 9
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Foreign information companies, news media institutions and Qualified Foreign Institutional Investors (QFIIs) applying to use the trading information shall submit the following materials:
1. A letter of application.
2. The original of its certificate of incorporation and statement of its scope of business.
Foreign information companies, news media institutions and QFIIs applying to obtain trading information through indirect connection shall additionally submit the original document evidencing that it will receive trading information through an indirect connection.
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Article 11
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Where cable radio and television enterprises or satellite radio and television enterprises broadcast trading information relayed by other user applicants through a broadcast channel, a letter of application shall be submitted along with the following documents:
1. For cable radio and television and direct satellite radio and television broadcast system operators:
(1) A photocopy of its responsible person or representative's identity card;
(2) A photocopy of the company registration documents, or for a foundation, a photocopy of its registration certificate;
(3) A photocopy of its profit-seeking enterprise business registration documents;
(4) A photocopy of its cable radio and television enterprise or satellite radio and television enterprise permit license;
(5) Documents evidencing the source of the trading information.
2. For a cable transmission system:
(1) A photocopy of the responsible person's identity card;
(2) A photocopy of its profit-seeking enterprise business registration documents;
(3) A photocopy of its cable broadcasting system registration certificate;
(4) Documents evidencing the source of trading information.
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Article 17
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User applicants shall prepare and submit to the TSEC lists of the equipment to be used or of the channels through which trading information will be broadcast; any additions or changes to such information shall be reported to the TSEC not later than the fifth day of each month.
User applicants which transmit the trading information in the designated manner and have established files for the administration of their subscribers may be exempted from preparing and filing with the TSEC the list of information equipment in use as required by the provisions of Article 24, paragraph 2 of the these Regulations, and may further be exempted from submitting to the TSEC not later than the fifth day of each month the reports on new subscribers or changes in the subscriber list, provided that such user applicants shall make their subscriber administration files available at their head offices for audit by the TSEC.
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