| Title： |
Operating Rules of the Taiwan Stock Exchange Corporation(2004.05.13) |
| Date： |
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Article 75-3
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When a securities broker accepts an application to open an account on behalf of a trustee of trust property, the account name shall indicate that it is a segregated trust account, and the following documents shall be submitted:
1. Where the trustee is a trust enterprise:
(1) Photocopy of the juristic person registration documentation of the trust enterprise and photocopy of the notice of issuance of uniform number for taxable entities issued by the tax authorities.
(2) Power of attorney and photocopies of the National Identity Cards of the representative of the juristic person and the attorney in fact.
(3) Where the settlor is a natural person, a photocopy of the person’s National Identity Card; where it is a juristic person, a photocopy of the documentation of its juristic person registration.
(4) Summary terms and conditions contract for the trust.
2. Where the trustee is not a trust enterprise:
(1) Where the settlor and trustee are natural persons, photocopies of their National Identity Cards; where they are juristic persons, photocopies of their juristic person registration documentation, and the power of attorney and photocopies of the National Identity Cards of the representative of the juristic person and the attorney in fact.
(2) Photocopy of the notice of issuance of uniform number for taxable entities issued by the tax authorities.
(3) Photocopy of the trust deed.
Where a trading account under the preceding paragraph belongs to a charitable trust, a photocopy of the approval document by the competent authority for the target industry shall also be submitted.
A securities broker shall make a detailed check of the documents related to opening of the segregated trust account, and shall accept orders to trade securities only after completing the account opening procedures and entering the account opening information into the computer files of this Corporation.
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Article 83
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A securities broker shall keep complete and true records and vouchers when receiving or delivering listed securities or payments in connection with the consigned trade.
The vouchers referred to in the preceding Paragraph shall include receipts for funds and securities collected in advance, vouchers on securities delivered, and trading reports. The format thereof and the particulars to be entered therein shall conform to the regulations prescribed by the Competent Authority.
Where a financial institution concurrently engages in the business of a securities broker and has opened specific accounts for depositing funds which can be verified, it need not use trading reports.
A securities broker shall handle the receipt of listed securities or funds from its principals or delivery of listed securities or funds to its principals referred to in Paragraph 1 of this Article by book-entry through the securities central depositary accounts opened by its principals or through the accounts opened by its principals with financial institutions designated by the securities broker, except under any of the following circumstances:
1.Where a securities investment trust fund, insurance enterprise, offshore overseas Chinese or foreign national, or an overseas Chinese or foreign national who has converted foreign corporate bonds held by him into stock or has converted foreign depositary receipts held by him into the underlying securities maintains an account at the custodian institution (custodian bank), the receipt and payment of the purchase prices may be effected by account transfer (or remittance) through such account.
2. Fund collection or payment operations of centralized segregated trust asset accounts under the management of a trust enterprise that has the status of a central depository participant may be carried out by means of transfer (remittance).
3. Where a depositary institution of foreign depositary receipts upon being consigned by its principal to redeem the foreign depositary receipts and sell the stock, it may receive the proceeds thereof by way of account transfer (or remittance) through the account maintained at the custodian bank.
4. Where a principal places consignment for discretionary account securities trading with a securities investment consulting enterprise or a securities investment trust enterprise, the principal may open and maintain an account at the custodian institution, and the receipt and payment of the purchase prices may be effected by account transfer (or remittance) through such account. When processing transaction settlement, transfer of payment or stock certificates among separate accounts for discretionary investment consignment in the name of the same principal shall not be allowed.
The listed securities received by a securities broker in connection with the consigned trade shall be handled in accordance with the Measures for Custody of Listed Securities and Measures for Management of Transitionally Deposited Listed Securities as approved by the Competent Authority.
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