| Title： |
Regulations Governing Securities Firms(2020.10.29) |
| Date： |
|
|
Article 14-6
|
When a securities firm distributes surplus earnings or offsets loss, it shall do so based on the financial statements audited and attested by a certified public accountant.
|
|
Article 21
|
Within 2 months after the close of each half fiscal year and 3 months after the close of each fiscal year, respectively, a securities firm shall publicly announce and report to the FSC the semi-annual financial reports and the annual financial reports signed or sealed by the chairperson, managerial officer, and accounting officer, audited and attested by certified public accountants, approved by the board of directors, and recognized by the supervisors. Where the stocks of such securities firm have been listed on the TWSE or the TPEx, the provisions of Article 36 of the Act shall be complied with.
Auditing and attestation of the financial reports referred to in the preceding paragraph shall be performed jointly by two or more practicing certified public accountants of a joint accounting firm approved by the FSC in accordance with the Regulations Governing Approval of Certified Public Accountants to Audit and Attest to the Financial Reports of Public Companies.
A securities firm shall submit to the FSC its monthly accounting summary for the preceding month by the 10th day of each month.
Where a securities firm has entered into a contract for using the centralized securities market with the TWSE, submission of matters referred to in paragraph 1 and the preceding paragraph shall be made to the FSC through the TWSE. Where a securities firm only entered into a contract for trading securities on the TPEx, the said submission shall be made to the FSC through the TPEx. Where no has been entered into, the submission shall be made to the FSC through a securities dealers' association.
|
|
Article 32-1
|
As needed for hedging in the issuance of call (put) warrants and exchange traded notes and in the operation at its place of business of structured instruments and equity derivatives, a securities firm may borrow and sell, or sell short, the underlying securities, exempt from the restriction that the selling price of the securities borrowed or sold short may not be lower than the closing price of the previous business day.
A securities firm selling securities by borrowing them as referred to in the preceding paragraph shall enter into a loan contract with the lender of the securities. The following particulars shall be specified in the loan contract:
- Name, volume, period, and rate of the loaned securities.
- Means of exercise of shareholders' rights of the loaned underlying securities.
- The means of reimbursement by the securities firm of the rights/dividend value to the lender for ex-rights/ex-dividend dates of the loaned securities (including the means of calculation, whether reimbursement is to be made in cash or securities, and the reimbursement date).
- Means stipulated between the parties for return of the securities upon expiry of the contract (including whether or not the securities may be refunded as cash).
- Means stipulated between the parties for handling of breach and related matters of damages.
|
|
Article 35-2
|
The TWSE may collect, process, or use all types of credit data of investors, and may request securities firms and FSC-approved institutions to provide relevant data.
The TWSE shall adopt operational rules regarding the scope of the data under the preceding paragraph, the parties to whom it will be provided for querying, the content of the data, and related matters. It shall report the operational rules, and any amendments thereto, in writing to the FSC for approval.
The TWSE's collection, processing, or use of data under the two preceding paragraphs meets the provision of being necessary for the fulfillment of its statutory obligations in Article 8, paragraph 2, subparagraph 2 of the Personal Data Protection Act, so the TWSE is exempted from the obligation to inform the data subject under Article 9, paragraph 1 of that Act.
Securities firms and FSC-approved institutions shall ensure that the data they provide under paragraph 1 is accurate and is free of falsehood and misrepresentation.
|
|
Article 68-1
|
If a securities firm is a foreign company's branch within the territory of the Republic of China (ROC), unless otherwise provided by the FSC, the matters that under these Regulations are required to be handled by the board of directors or supervisors shall be handled by the responsible persons of the ROC branch who are authorized by the head office or regional headquarters of the foreign company.
|