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Article 77-4
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To invest in domestic securities, onshore overseas Chinese and foreign nationals shall submit the relevant documents to a securities broker to carry out registration with this Corporation and obtain an identification number and submit the below-listed documents to the securities broker for purposes of opening an account for securities trading.
1. Overseas Chinese and foreign natural persons: passport and overseas Chinese identity certificate (or alien resident certificate).
2. Foreign institutional investor: Ministry of Economic Affairs Recognition Certificate, Ministry of Economic Affairs Company License, Business License, and National Identity Card (or Alien Resident Certificate or passport) of the responsible person.
Offshore overseas Chinese and foreign nationals shall carry out registration with this Corporation through their designated domestic agent/representative and obtain an identification number and submit the below-listed documents to the securities broker for purposes of opening an account for securities trading (provided, if such documents, for the same domestic agent/representative and having identical content, have already been submitted to and placed on file by the broker, they need not be resubmitted).
1.The power of attorney/agency letter issued by the applicant, authorizing a domestic agent or representative to handle on his behalf the procedures pertaining to the opening of an account for trading domestic listed securities, the exchange, conversion, or subscription of shares through domestic corporate bonds, the exercise of rights associated with the purchased listed securities, applying for foreign exchange, payment of taxes, and other procedures.
2.Copy of the National Identity Card, Alien Resident Certificate or company registration (or amendment registration) certification of the domestic agent or representative.
If the domestic agent under the preceding paragraph is a bank approved by the Bureau of Monetary Affairs, Financial Supervisory Commission, Executive Yuan, to operate custodial business and it and the securities brokers handling account opening all have network authentication mechanisms, the documents for account opening may be transmitted electronically to open the account.
Where an overseas subsidiary of a listed (or OTC) company carries out registration with this Corporation on the grounds of disposing employee stock option certificates of its overseas foreign national employees, the provisions of paragraph 2 concerning offshore overseas Chinese and foreign nationals shall apply mutatis mutandis, and it shall submit the documents in all the subparagraphs below. In addition, it shall authorize its local agent to open an account with the securities broker, and shall annex the documents listed below, in addition to all the documents in the subparagraphs of paragraph 2. Trading by said account will be confined to the sale of the certificates of payment of shares or the shares obtained through the exercise of such employee stock options; trading of other securities shall not be engaged in.
1. Original affidavit stating that the overseas subsidiary has actually been authorized by the overseas employees
2. Photocopy of the Financial Supervisory Commission, Executive Yuan, approval letter approving the issue of employee stock option certificates by the listed (or OTC) company.
3. Photocopy of the minutes of the listed (or OTC) company's board of directors' meeting that approved the given issue of employee stock option certificates.
If any of the circumstances in Article 11 of the Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals is present with respect to a registration under paragraph 1, 2, or 3 by an overseas Chinese or foreign national, this Corporation shall not carry out registration; where registration has already been made, the registration shall be voided or revoked, and the securities broker that has opened an account shall be notified that it may not perform consigned purchase. After the balance of the account has been liquidated by the account holder, the securities broker shall cancel the account and notify this Corporation of the circumstances of the closure of the case.
The registration operations in this article shall also be handled in compliance with the Directions for Registration of Securities Investment by Overseas Chinese and Foreign Nationals reported by this Corporation to and approved by the Competent Authority.
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