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Article 3
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A foreign issuer and its agent institution or depositary institution in the Republic of China applying to list stocks, Taiwan depositary receipts (TDRs), or bonds it has issued shall, in accordance with the rules of the TWSE, fill out in full an Application for Market Listing of Taiwan Depositary Receipts, Application for Primary Listing of Stocksof Foreign Issuers, Application for Primary Listing of Stocksof Foreign Issuers on the Taiwan Innovation Board, Application for Secondary Listing of Foreign Stocks, or Application for Market Listing of Foreign Bonds (Attachments 1 to 3), and submit them along with proper documentation to the appropriate office of the TWSE for certification of receipt, whereupon, following registration and assignation of a case number, they shall be distributed to the Administration Department for processing. The Administration Department shall arrange an efficient deployment of human resources under its authority, appointing specific personnel or a task force of two or more persons. Following distribution, the case handlers shall take appropriate custody of the application and supporting documents.
A foreign issuer applying for primary listing of stocks pursuant to Article 28-1, paragraph 2 of the Rules Governing Review of Securities Listings shall, by following the procedure in one of the following subparagraphs, obtain the appraisal opinion, before it may submit the application for listing:
- Submit its application in accordance with the operating guidelines or applicable regulations established by thecompetent Republic of China (ROC) authority for the relevant industry or the TWSE-designated professional institution, and at the same time pay in advance an application review fee payable to the aforementioned authority or the TWSE-designated professional institution, and forward a carbon copy and relevant documents to theaforementioned authority for the relevant industryor the TWSE-designated professional institution. After receiving the opinion form, the management shall request by letter competent Republic of China (ROC) authority for the relevant industryor the TWSE-designated professional institution to express an opinion. When having received the appraisal opinion, indicating an approval, from aforementioned authorityor the TWSE-designated professional institution in the letter,the TWSE has notified the foreign issuer by letter.
- Pursuant to Article 3, paragraph 2 of the Taipei Exchange Procedures for Review of TPEx Trading of Foreign Securities, Taipei Exchange has sent a letter to the competent Republic of China (ROC) authority for the relevant industry or the designated professional institutionseeking their opinion and has received their appraisal opinion, indicating the approval, in a letter.
The foreign issuer shall submit the application within 1 year from the date the appraisal opinion letter in the preceding paragraph, and, if the deadline has been passed, shall re-apply to the TWSE.
Applications for secondary listing of stocks or for sponsoring issuance of TDRs by a depositary institution pursuant to Article 27-1 of the Rules Governing Review of Securities Listings are governed by the preceding two paragraphs mutatis mutandis.
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Article 4-2
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When a TWSE primary listed company files for a listing of new shares in a capital increase through issuance of new shares of the same type as those originally listed on the TWSE, the case handler shall confirm that the relevant documentation are reported and uploaded in full before publicly announcing its TWSE listing pursuant to the mutatis mutandis application of Article 139 under Article 165-1 of the Securities and Exchange Act.
Where a TWSE primary listed company is issuing such stocks different from the existing listed stocks by capital increase is applying for listing,after examining all documents duly submitted by the listed company to ensure completeness, the case handler shall complete a "New Stock Listing Preliminary Review Chart" to examine whether Article 28-12, Paragraphs 2 and 4 of the TWSE Rules Governing Review of Securities Listings and Article 53-4 of the TWSE Operating Rules, or Article 38, Paragraphs 2 and 3 of the Rules Governing Review of Securities Listings and Article 53-37 of the TWSE Operating Rules applying Article 53-4 mutatis mutandis, are applicable to the company.Upon approval being granted in writing, a listing contract shall be executed, notice shall be given to the company advising it to proceed with public offering accordingly, and the listing contract shall be presented to the competent authority for recordation. The listing will be publicly announced upon the preferred shared issued by the company conforming to provisions governing the total number of issued shares, public offering and share ownership dispersion standards as set forth in Article 28-12 or Article 38 of TWSE Rules Governing Review of Securities Listings.
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