| Title： |
Operating Rules for Securities Business Money Lending by Securities Firms(2009.07.28) |
| Date： |
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Article 9
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A securities firm conducting securities business money lending, when processing a customer's application, may commence such lending only after reviewing that customer's credit and agreeing to sign a loan contract with that customer.
The securities firm's signing of a loan contract with a customer under the preceding paragraph shall be conducted in accordance with the following provisions:
1. A customer that is a domestic natural person shall present, in person, the original of their national ID card and submit relevant documents to verify their income and assets.
2. A customer that is a domestic juristic person shall have its authorized person submit a power of attorney, the original national ID cards of customer's authorized person and representative, the customer's original corporate registration (or registration amendment) card, and its original certification of incorporation.
3. An onshore overseas Chinese or foreign national intending to sign a loan contract shall obtain an ID number and submit an application to the securities firm accompanied by relevant documents verifying their income and assets as well as the documents listed below:
(1) A natural person that is an overseas Chinese or foreign national: passport, and Overseas Compatriot Identity Certificate (or Alien Resident Certificate).
(2) Foreign institutional investor (FINI): Ministry of Economic Affairs Recognition Certificate, documentation evidencing company registration, and the responsible person's national ID card (or Alien Resident Certificate, or passport).
4. An offshore overseas Chinese or foreign national intending to sign a loan contract shall have their designated domestic agent or representative obtain an ID number and submit an application to the securities firm accompanied by photocopies of their national ID card or Alien Resident Certificate, or up-to-date documentation of corporate registration (or amendment registration).
5. If the domestic agent under the preceding paragraph is a bank approved by the Bureau of Monetary Affairs, Financial Supervisory Commission, Executive Yuan, to operate custodial business and it and the securities broker handling account opening each have network authentication mechanisms, the documents for account opening may be transmitted electronically to open the account.
The photocopies of the identity verification documents and corporate registration (or amendment registration) cards and the original power of attorney referred to in the preceding paragraph shall be retained, and those that are photocopied shall be stamped with an official seal bearing the words, "The application is confirmed to have been made in person by the applicant or by the applicant's authorized person; this is a true and faithful copy of the original."
The Taiwan Securities Association shall draft a model loan contract referred to in paragraph 1.
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Article 11
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The customer shall notify the securities firm in writing whenever there is a change in the name, national ID number, ID number of the Overseas Compatriot Identity Certificate or Alien Resident Certificate, uniform ID number of the juristic person, address, or mailing address of the customer, agent, or representative recorded in the loan contract.
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