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Amendments

Title:

Regulations Governing Offshore Funds  CH

Amended Date: 2023.12.14 

Title: Regulations Governing Offshore Funds(2014.05.29)
Date:
Article 2     No person may act as an agent for the offering and sale of offshore funds within the territory of the Republic of China ("Taiwan") without having first obtained approval from, or effective registration with, the Financial Supervisory Commission (FSC).
Article 10     A master agent other than one handling the offering and sale of offshore ETFs in Taiwan shall post an operating bond as specified below with a financial institution that is permitted to provide custodian services, and meets the conditions prescribed by the FSC:
  1. Where the master agent represents funds managed by one offshore fund manager, NT$30,000,000;
  2. Where the master agent represents funds managed by two offshore fund managers, NT$50,000,000;
  3. Where the master agent represents funds managed by three or more offshore fund managers, NT$70,000,000.
    Except for investments in offshore funds through a non-discretionary trust of money agreement, where a sub-distributor purchases offshore funds in its own name on behalf of investors, the sub-distributor shall post an operating bond of NT$20,000,000 with a financial institution meeting the qualification in the preceding paragraph.
    The operating bonds under the preceding two paragraphs shall be in cash, bank deposits, government bonds, or financial bonds, shall be free of any pledge or any form of encumbrance, and shall be placed with only one financial institution. Any change of the custodian institution or withdrawal of an operating bond may proceed only after it has been reported to the FSC via the SITCA and approved by the FSC.    Directions for the procedures for deposit, withdrawal, and substitution of operating bonds, and any subsequent amendments thereto, shall be prescribed by the SITCA and submitted to the FSC for approval.