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Amendments

Title：

Taiwan Stock Exchange Corporation Guidelines for Creation and Redemption of Beneficial Certificates  CH

Amended Date： 2024.02.23 (Articles 6, 7 amended,English version coming soon)
Current English version amended on 2022.07.20 
Categories： Securities Exchange Market > Trading > Beneficial Certificates
Article Content Content Search Article No. Search Legal Basis Subordinate Legislation Amended Article Legislative History Chinese

Title： Taiwan Stock Exchange Corporation Guidelines for Creation and Redemption of Beneficial Certificates(2014.07.04)
Date：
2       Definitions:
  1. The term "participating dealer" refers to a securities firm that, for the purpose of creating and redeeming exchange-traded fund (ETF) beneficial certificates, exchange-traded futures trust fund (futures ETF) beneficial certificates, or offshore ETF beneficial certificates for its own account or on behalf of its customers, has signed a participant agreement with a securities investment trust enterprise (SITE) issuing ETF beneficial certificates, a futures trust enterprise issuing futures ETF beneficial certificates, or an offshore ETF manager or an institution designated thereby.
  2. The term "custodian institution" refers to a financial institution that has signed a trust agreement with a SITE issuing ETF beneficial certificates or a futures trust enterprise issuing futures ETF beneficial certificates.
  3. The term "applicant" refers to a customer who engages in creation or redemption of ETF beneficial certificates through the account opened in a participating dealer or a participating dealer that engages in creation or redemption of ETF beneficial certificates for its own account.
  4. The term "portfolio composition file (PCF)" refers to a list prepared and published by a SITE each day based on the reference data of underlying index forwarded by the index provider, which indicates the portfolio of securities and estimated cash component that would be required to apply for in-kind creation or redemption of one creation unit of beneficial certificate on the next trading day.
  5. The term "in-kind creation" refers to the participating dealer for its own account or on behalf of its customer delivering a portfolio of securities and the cash component per basket required for one creation unit as published on the PCF as notified by the SITE, or their integer multiples to the SITE in exchange for ETF beneficial certificates.
  6. The term "in-kind redemption" refers to the participating dealer for its own account or on behalf of its customer delivering ETF beneficial certificates to the SITE in exchange for a portfolio of securities and cash component per basket as published on the PCF as notified by the SITE for one creation unit or its integer multiples.
  7. The term "cash creation" refers to the participating dealer for its own account or on behalf of its customer delivering cash to the SITE or the futures trust enterprise in exchange for ETF beneficial certificates; the calculation basis for the monetary amount and units of the creation shall comply with the trust agreement.
  8. The term "cash redemption" refers to the participating dealer for its own account or on behalf of its customer delivering ETF beneficial certificates to the SITE or the futures trust enterprise in exchange for cash; the calculation basis for the monetary amount of the redemption shall comply with the trust agreement.
  9. The term "ETF with domestic component securities" refers to an ETF in which the component securities of its underlying index are all domestic securities.
  10. The term "ETF with foreign component securities" refers to an ETF in which the component securities of its underlying index contain one or more foreign securities, or to an ETF as specified under Article 37, paragraph 4 of the Regulations Governing Securities Investment Trust Funds ("linked ETF").
  11. The term "exchange-traded futures trust fund (futures ETF)" refers to a futures ETF offered by a futures trust enterprise under the Regulations Governing Futures Trust Funds.
  12. The term "offshore ETF" refers to an ETF offered by an offshore fund manager or an institution designated thereby under the Regulations Governing Offshore Funds.
  13. The term "aggregate creation" refers to the situation where no more than three applicants who, based on their mutual agreement, combine their individual holding of securities into a portfolio of securities required for one creation unit as published on the PCF or its integer multiples, designate one among them as payer of cash payment required, and jointly appoint one participating dealer (if one of the applicants is a participating dealer with a proprietary trading said applicant shall be the participating dealer) to create ETF beneficial certificates from a SITE.
  14. The term "minimum in-kind creation" refers to the situation where a participating dealer may, with the consent of the SITE, create the beneficial certificates of ETF with domestic components securities for its own account by delivering at least 90 percent of the kind of securities required with more than 90 percent of the aggregate market value of creation basket for the in-kind creation, and paying a deposit for the shortfall, and then purchasing or borrowing the insufficient quantity of securities on the next trading day and delivering the securities to the custodian institution.
  15. The term "cash in-lieu" refers to the practice where the in-kind creation or redemption of ETF beneficial certificates by an applicant may be tendered in cash as determined by the SITE if a specific security included in the portfolio of securities as published on the PCF is in any of the following situations:
    1. The applicant is restricted by law to hold or transfer said specific security.
    2. The trading of said security has been stopped on the exchange.
    3. Said security may be substituted by cash as published on PCF by the SITE.
    4. The SITE does not own said security or has insufficient shares of the security and is unable to borrow sufficient shares to deliver to the applicant when the applicant redeems the ETF beneficial certificates in-kind.
    5. Said security cannot be settled in the foreign market by the applicant, and is approved by the management company for its in-kind creation.
    6. Situations in which the trust agreement of the ETF provides that cash in-lieu is permitted.
  16. The term "cash payment" refers to the amount equivalent to the cash component multiplied by the number of creation or redemption units; if the cash payment is positive, it means the applicant should pay the amount to the SITE when creating ETF beneficial certificates or the SITE should pay the amount to the applicant when the applicant redeems ETF beneficial certificates; if the cash payment is negative, it means the SITE should pay the amount to the applicant when the applicant creates ETF beneficial certificates or the applicant pays the amount to SITE when it redeems ETF beneficial certificates.
  17. The term "shortfall" refers to the securities in the portfolio of securities published on the PCF not delivered by a participating dealer when it transacts on "minimum in-kind creation" basis.
5      Point 3, paragraph 9 and Point 4, paragraph 2 of these Guidelines shall apply mutatis mutandis to a participating dealer operating the creation or redemption of futures ETF beneficial certificates or offshore ETF beneficial certificates for its own account or on behalf of its customers.
    A customer engaging a participating dealer for the first time to conduct the creation or redemption of futures ETF beneficial certificates shall sign a risk disclosure statement. The particulars to be included in the risk disclosure statement shall be separately prescribed by the TWSE.
6     Operating principles for the in-kind creation and redemption of beneficial certificates of ETFs with domestic component securities:
  1. After the TWSE receives the applications for in-kind creation or redemption, which contain information on portfolio of securities (beneficial certificates) that meet the requirements stated in the PCF published by the SITE, the TWSE will compile and forward the application information to the SITE for review. The review results will be made available on the TWSE computer system for participating dealers’ inquiry, and the participating dealers will notify the applicants of application results for confirmation and save the results and the aforesaid application information for future reference.
    Regardless whether the SITE approves the in-kind creation or redemption applications forwarded by the TWSE or not, it shall notify the TWSE of its decision on the date of application so such information may be available to participating dealers.
  2. The TWSE will forward the details of portfolio of securities (beneficial certificates) in accepted applications to the CSD for handling the earmark operation. Upon receiving the notice of the CSD with respect to the earmark result, the TWSE will forward the information to SITE and make the same information available on the TWSE computer system for participating dealers.
  3. If an application for in-kind creation or redemption has been found to comply with the requirements and accepted by relevant institutions, the custodian institution shall complete the collection and payment of cash payment, cash in lieu, deposit and other relevant charges or payments on the next business day following the date of application, and complete the delivery transfer of beneficial certificates (securities) created (redeemed) no later than the second business day following the date of application. If there is cash credit to the applicant after the completion of in-kind creation or redemption, the custodian institution shall transfer the funds to the applicant via the participating dealer after completing the related operations.