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With the exceptions of TWSE listed stocks or Taiwan Depositary Receipts placed under an altered trading method or suspended from trading under subparagraph 1 below or securities for which margin purchase and short sale transactions are halted by a resolution of the TWSE Surveillance Operations Oversight Committee under subparagraph 7 below, when any of the conditions of Article 4, paragraph 1, subparagraphs 1 through 7 and subparagraph 11, or Article 5, paragraph 1, subparagraphs 1 through 3 and subparagraph 7 of the Margin Purchase and Short Sale Eligibility Standards exists with respect to TWSE listed securities eligible for margin purchase and short sale transactions, the Taiwan Stock Exchange Corporation (TWSE) will halt margin purchase and short sale transactions, from the first business day following the date of public announcement, in accordance with the following principles:
- When TWSE listed shares or Taiwan depositary receipts have been placed under an altered trading method, their trading has been suspended, or beneficial certificates have been delisted: When the TWSE announces an altered trading method or a suspension of trading for a stock or a Taiwan Depositary Receipt, it will simultaneously announce the halting of margin purchase and short sale transactions in those securities, effective from the date on which the cause of the halting takes effect. When the TWSE announces the delisting of a stock, Taiwan Depositary Receipt, or beneficial certificate, it will simultaneously announce the halting of margin purchase and short sale transactions in those securities; this provision will not apply, however, to securities delisted due to a merger.
- When a securities investment trust enterprise has failed to punctually file and publish a securities trust investment fund's financial report, or the circumstances under Article 96, paragraph 1 of the Securities Investment Trust and Consulting Act exist with respect to the securities investment trust enterprise that manages a securities investment trust fund: The TWSE will publicly announce the halting of margin purchase and short sale transactions in the fund's beneficial certificates.
- When net worth per share for a TWSE listed stock is below par value, or, in the case of shares issued by a TWSE primary listed company with no par value or a par value other than NT$10 per share, when an accumulated deficit has been posted in the financial report: The TWSE, on the fifth business day following the final date for public announcement and filing of the annual, first quarter, second quarter, and third quarter financial reports of each fiscal year, will review the company's financial report for the most recent period publicly announced and filed in accordance with regulations. If net worth per share is below par value, it will publicly announce the halting of margin purchase and short sale transactions in that company's shares. For shares issued by a TWSE primary listed company with no par value or a par value other than NT$10 per share, however, the halting of margin purchase and short sale transactions will be announced if an accumulated deficit is shown in the financial report.
- When the issuer of foreign securities evidenced by Taiwan depositary receipts has posted an accumulated deficit: If the issuer has posted an accumulated deficit in either the CPA-audited and attested consolidated annual financial report for the most recent period or the CPA-reviewed semi-annual consolidated financial report for the most recent period, the TWSE shall announce the halting of margin purchase and short sale transactions in those depositary receipts on the final business day of the third month following the deadline for public announcement and reporting to the competent authority, securities exchange, or securities market as required by the laws and regulations of the foreign issuer's home country or the jurisdiction where it is listed.
- When the number of TWSE listed units of a Taiwan Depositary Receipt after redemption is less than 60 million: the TWSE will immediately, on the following business day, announce the halting of margin purchase and short sale transactions for the given Taiwan Depositary Receipt.
- Where there has been a major default on TWSE listed shares or Taiwan depositary receipts, and the balance of long margin positions or short interest meets or exceeds a prescribed ratio: When the aggregate dollar amount of transaction failures reported in a single day is NT$200 million or more and the balance of long margin positions or short interest on that day meets or exceeds 15 percent of listed shares or units, the TWSE will immediately, on the following business day, publicly announce the halting of margin purchase and short sale transactions in those shares or Taiwan Depositary Receipts.
- When there are other circumstances that make it unadvisable to continue margin purchase and short sale transactions: as determined by a resolution of the TWSE Surveillance Operations Oversight Committee, or in the event of another circumstance that makes such transactions unadvisable, the TWSE shall publicly announce the halting of margin purchase and short sale transactions in those securities.
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When margin purchase and short sale transactions in TWSE listed securities eligible for such transactions have been halted pursuant to the provisions of the preceding point, margin purchase and short sale transactions may be reinstated from the first business day following public announcement for those which meet the conditions set out below, with the exceptions of securities placed under an altered trading method or suspended from trading under subparagraph 1 of the preceding point, for which the margin transactions shall be reinstated from the date of resumption of the original trading method or the date on which trading resumes after a suspension, and also with the exception of securities for which margin purchase and short sale transactions are halted by a resolution of the TWSE Surveillance Operations Oversight Committee, for which the margin transactions shall be reinstated from the end of the period of the disposition:
- When the circumstances under subparagraph 1, 2, or 7 of the preceding point exist: When the reason for the halt is extinguished, the TWSE will publicly announce reinstatement of margin purchase and short sale transactions in those securities.
- Under the circumstances of subparagraph 3 of the preceding point, when net worth per share has returned to par value or higher, the TWSE shall publicly announce reinstatement of margin purchase and short sale transactions in those shares. However, for shares issued by a TWSE primary listed company at no par value or at a par value other than NT$10 per share, announcement of reinstatement shall be made when no accumulated deficit has been posted in the financial report: The TWSE, on the fifth business day following the final date for public announcement and filing of the annual, first quarter, second quarter, and third quarter financial reports of each fiscal year, will review the company's publicly disclosed and filed financial report for the most recent period filed in accordance with regulations.
- Where the conditions under subparagraph 4 of the preceding point exist: If the issuer has not posted an accumulated deficit in either the CPA-audited and attested consolidated annual financial report for the most recent period or the CPA-reviewed semi-annual consolidated financial report for the most recent period, the TWSE shall announce reinstatement of margin purchase and short sale transactions in those depositary receipts on the final business day of the third month following the deadline for public announcement and reporting to the competent authority, securities exchange, or securities market as required by the laws and regulations of the foreign issuer's home country or the jurisdiction where it is listed.
- Where the conditions under subparagraph 5 of the preceding point exist: When the number of Taiwan Depositary Receipts has returned to 60 million or more TWSE listed units, the TWSE will immediately, on the following business day, publicly announce reinstatement of margin purchase and short sale transactions for the given Taiwan Depositary Receipt.
- Where the conditions under subparagraph 6 of the preceding point exist: When the aggregate dollar amount of transaction failures reported in a single day has been less than NT$10 million for each of the previous 6 business days and the figures for both long margin positions and open interest on the last of those 6 business days are below 15 percent of listed shares or units, the TWSE shall publicly announce reinstatement of margin purchase and short sale transactions in those securities.
"Net worth," in subparagraph 3 of the preceding point and subparagraph 2 of the preceding paragraph, means balance sheet equity attributable to owners of the parent.
When margin purchase and short sale transactions in TWSE listed securities eligible for such transactions have been halted pursuant to the provisions of subparagraph 3 under the preceding point, the issuer may apply for reinstatement of margin purchase and short sale transactions by submitting the financial report for the most recent period publicly announced and filed in accordance with regulation. The TWSE shall then make disclosure on the Market Information System (MIS) website and conduct a review 5 days afterward. Where it is found upon review that net worth per share has returned to par value or higher, margin purchase and short sale transactions in those securities shall be reinstated on the fifth business day following public announcement. However, for a TWSE primary listed company whose shares are issued with no par value or a par value other than NT$10 per share, announcement of reinstatement shall be made when the TWSE finds upon review that no accumulated deficit has been posted.
Where margin purchase and short sale transactions in Taiwan depositary receipts eligible for such transactions have been halted pursuant to the provisions of subparagraph 4 of the preceding point, the issuer may apply for reinstatement of margin purchase and short sale transactions by submitting the CPA-audited and attested consolidated annual financial report for the most recent period or the CPA-reviewed semi-annual consolidated financial report for the most recent period. The TWSE shall then make disclosure on the Market Information System (MIS) website and conduct a review 5 days afterward. Where it is found upon review that there is no accumulated deficit, margin purchase and short sale transactions in those securities shall be reinstated on the fifth business day following public announcement.
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