When any circumstance set forth in the subparagraphs below occurs after an issuer obtains qualification approval, its issuance of call (put) warrants shall be suspended, and resumed only after such circumstances are rectified. The issuance of any warrants already approved but not yet issued shall be suspended, and the suspension shall be reported to the competent authority; the validity of any call (put) warrants already issued shall not be affected:
If any of the events listed in the subparagraphs below occurs after an issuer has obtained qualification approval, the issuer shall be restricted from applying for issuance of call (put) warrants for 1 year. The issuance of warrants already approved but not yet issued shall be suspended, and the suspension shall be reported to the competent authority for recordation. However, the validity of call (put) warrants already issued shall not be affected:
- The issuer fails to conform to paragraph 1 or the latter part of paragraph 2, Article 3 of the Issuance Regulations;
- The issuer fails to conform to any of the financial conditions in Article 5, paragraph 2, subparagraphs 1 and 2, or paragraph 3, subparagraphs 1, 2 and 5, of the Issuance Regulations, or its latest financial report as having been reviewed by a CPA fails to conform to the above provisions;
- The operation of warrants business fails to conform to any of the circumstances in Article 5, paragraph 2, subparagraphs 4 to 7 of the Issuance Regulations, or a branch unit as mentioned in Article 5, paragraph 3, subparagraph 5 of the Issuance Regulations fails to conform to the aforementioned provisions.
- Any of the circumstances in Article 7, subparagraphs 3 to 10 of the Issuance Regulations applies to the issuer.
Directions for handling irregularities in the quotation system of a call (put) warrant liquidity provider shall be separately prescribed by the TWSE.
- The issuer is ranked in Level 5 for the most recent year, or in Level 4 for the most recent 2 years, in the assessment conducted pursuant to the Operational Guidelines for Assessment of Securities Firms Risk Management System.
- The issuer has violated Article 17, paragraph 1 herein or provisions of the TWSE Operation Directions Governing Liquidity Providers of Call (Put) Warrants, and it has been sanctioned within the most recent year by the TWSE and the Taipei Exchange ("TPEx") by imposition of penalties in a cumulative amount of NT$300,000 or more or by restriction of application for issuance of call (put) warrants two times.
- The issuer has been restricted by the TWSE from applying for issuance of call (put) warrants because of an irregularity in the quotation system of its call (put) warrant liquidity provider in the current year, and it still has failed to take corrective action.
The TWSE may report an issuer in writing to the competent authority for recordation if the issuer fails to issue any call (put) warrants for 1 year or more, or if the issuer has been under suspension from call (put) warrants issuance pursuant to paragraph 1 for 1 year or more and still fails to take corrective action.
In the case of a call (put) warrant listing where the issuer has obtained approval documents from the TWSE, the issuer shall sign a listing agreement with the TWSE, and shall announce market listing of the warrants after the listing agreement has taken effect.
After the listing agreement referred to in the preceding paragraph has taken effect, the TWSE may, under the following conditions, void the agreement, and report to the competent authority for recordation:
For call (put) warrants already issued pursuant to the preceding paragraph, the issuer shall return the price with statutory interest included within 10 days from receipt of TWSE notice of approval for voidance of the listing agreement.
- Where, prior to market listing, there is a discovery by the TWSE that any of the subparagraphs of Article 8, paragraph 1 is not conformed to.
- The issuer applies to void the agreement.
Where the TWSE issues a letter to an issuer requiring attention and rectification, imposes a breach penalty on an issuer, restrains an issuer from applying for issuing warrants for a prescribed period of time, or suspends issuance, the TWSE shall submit a copy to the competent authority. An issuer subject to suspension may not resume its issuance until it completes rectification and obtains the written approval of the TWSE with a copy submitted to the competent authority.
Where an issuer is subject to a suspension by the TWSE of issuance under a circumstance in Article 8, paragraph 1, the suspension period must have expired, and the TWSE must have notified the issuer in writing of its approval, with a copy to the competent authority, if the circumstance concerned has been specifically rectified, before issuance may resume. The rectification is subject to approval of the competent authority if the disposition is imposed by the competent authority.