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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 the TWSE 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 the TWSE through their designated domestic agent/representative and obtain an identification number and submit photocopies of the domestic agent/representative's national ID card or alien resident certificate or a photocopy of the evidentiary documentation following company registration (or amendment registration) 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).
If the domestic agent under this Article 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.
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 by an overseas Chinese or foreign national, the TWSE 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 accept purchase orders. After the balance of the account has been liquidated by the account holder, the securities broker shall cancel the account and notify the TWSE 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 Processing for Offshore Overseas Chinese and Foreign Investors to Make Investments in ROC Securities or Engage in Domestic Futures Trading reported by the TWSE to and approved by the Competent Authority.
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Article 77-5
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When the overseas subsidiary or branch of an exchange-listed, OTC-listed, or emerging stock company issuing securities to its overseas foreign national employees pursuant to Article 28-2, paragraph 1, subparagraph 1 or Article 28-3 of the Securities and Exchange Act or Articles 167-1, 167-2, 235, or 267 of the Company Act handles the transfer, subscription, and distribution of securities on behalf of its overseas foreign national employees, and carries out registration of a "Segregated Collective Investment Account for Overseas Foreign National Employees" with the TWSE, it shall, in addition to the same registration documents duly required for offshore foreign institutional investors, submit the documents in the following subparagraphs, and keep a copy of the documents on record at its domestic agent:
1. Original affidavit stating that the overseas subsidiary or branch of the exchange-listed, OTC-listed, or emerging stock company has actually been authorized by the overseas foreign national employees.
2. Photocopy of the evidentiary documents that the exchange-listed, OTC-listed, or emerging stock company has obtained the approval or effective registration from the competent authority to issue new shares or employee stock options or to buy back its shares.
3. Photocopy of the minutes of the exchange-listed, OTC-listed, or emerging stock company's board of directors meeting that approved the transfer of bought-back stocks to its employees pursuant to Article 167-1 of the Company Act or Article 28-2, paragraph 1, subparagraph 1 of the Securities and Exchange Act, the issuance of employee stock options pursuant to Article 167-2 of the Company Act, or Article 28-3 of the Securities and Exchange Act, or the issuance of new shares pursuant to Article 235, paragraph 2, Article 240, paragraph 4, and Article 267 of the Company Act.
When the domestic agent of the overseas subsidiary or branch of an exchange-listed, OTC-listed, or emerging stock company applies with a securities broker to open an account, it shall, in addition to the documents required for account opening as in the preceding Article, affix the documents in the subparagraphs of the preceding paragraph to apply for account opening. Such account may not be used for any securities trading other than the sale of stocks obtained by the employees through the exercise of employee stock warrants or through transfer or distribution.
Paragraphs 3, 4, and 5 of the preceding Article shall apply mutatis mutandis to the registration process under this Article.
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Article 77-6
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Overseas Chinese and foreign nationals investing in share certificates issued overseas by a domestic public company, when entrusting their local agent to open an account with a securities broker on their behalf in accordance with paragraph 2 of Article 37 of the Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals, shall carry out registration and account opening in accordance with paragraph 4 of Article 77, provided, if approval has been obtained and an account opened prior to the sale of the overseas share certificates, it need not be done anew.
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