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Amendments

Title：

Regulations Governing Offshore Funds  CH

Amended Date： 2023.12.14 
Article Content Chapter Content Search Article No. Search Amended Article Legislative History Chinese

Title： Regulations Governing Offshore Funds(2008.02.05)
Date：
Article 23 Offshore funds meeting the conditions listed below may be offered and sold in Taiwan subject to approval by or effective registration with the FSC:
1. The percentage of the offshore fund utilized in derivatives trading may not exceed the percentage as prescribed by the FSC.;
2. The offshore fund may not invest in gold, spot commodities, and real estate;
3. The percentages of the offshore fund’s total investments placed in the following securities may not exceed the percentages set by the FSC:
(1) securities in mainland China securities markets;
(2) securities on Hong Kong or Macao securities markets that are issued or managed by the government of, or a company from, mainland China;
(3) securities issued by companies that are included in the Hang Seng China-Affiliated Corporations Index;
(4) securities on Hong Kong or Macao securities exchange markets that are issued by companies of which 30 percent or more of the share equity is held, directly or indirectly, by the government of, or companies from, mainland China.
4. The percentage of the investment in any individual offshore fund that is contributed by Taiwan investors may not exceed the limit set by the FSC;
5. The investment portfolio of the offshore fund may not make Taiwan securities markets its primary investment area; a percentage limit for such investment shall be set by the FSC.
6. The offshore fund may not be denominated in New Taiwan Dollars or Renminbi;
7. The offshore fund must have been established for one full year;
8. The offshore fund has been approved by the competent authority of its place of registration to be offered to the public;
9. Such other requirements as may be prescribed by the FSC.
With special-case approval from the FSC or where an offshore fund's place of registration is recognized and publicly announced by Taiwan, an offshore fund may be exempted from the restrictions of subparagraphs 1 and 7 of the preceding paragraph.