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A securities firm applying to conduct the business under point 2, paragraph 1, subparagraph 2 shall meet the below-listed conditions and qualifications, and obtain the approval of the FSC:
- Regulatory capital adequacy ratio: The regulatory capital adequacy ratio prior to application exceeds 200 percent.
- The financial condition meets one of the following conditions:
- The CPA-audited and attested financial report for the most recent period states net worth of not less than NT$10 billion and not lower than the paid-in capital.
- The CPA-audited and attested financial report for the most recent period states total assets of not less than NT$20 billion, net worth of not less than NT$6 billion and not less than paid-in capital, and a profit in each of the past three years.
- A holding company that directly or indirectly holds 100 percent of the shares of the securities firm, or a financial holding company that has a controlling interest in the securities firm, meets the conditions in one of the two preceding subparagraphs, and issues an unconditional and irrevocable guaranty securing the liabilities of the securities firm.
- Credit rating meets one of the following conditions:
- Its credit rating by a credit rating institution as listed in Attachment 1 reaches a certain level or higher.
- The holding company that directly or indirectly holds 100 percent of the shares of the securities firm, or the financial holding company that holds a controlling interest in the securities firm, has a credit rating that meets the condition in the preceding subparagraph, and provides an unconditional and irrevocable guaranty securing the liabilities of the securities firm.
- Legal Compliance
- Has not, within the past three months, been sanctioned under Article 66, subparagraph 1 of the Securities and Exchange Act or under Article 100, paragraph 1, subparagraph 1 of the Futures Trading Act.
- Has not, within the past six months, been sanctioned under Article 66, subparagraph 2 of the Securities and Exchange Act or under Article 100, paragraph 1, subparagraph 2 of the Futures Trading Act.
- Has not, within the past one year, had a sanction imposed by the FSC to suspend its business.
- Has not, within the past two years, had a sanction imposed by the FSC to void any part of its business permit.
- Has not, within the past one year, had a sanction of suspended or restricted trading imposed on it by the TWSE, GTSM, or TAIFEX, under the operating rules or corporate thereof.
- Has not, within the past 6 months, been given an official reprimand or ordered to take corrective action under Article 44 of the Trust Enterprise Act.
- Has not, within the past 2 years, been sanctioned under Article 44, subparagraph 1, 2, or 3 of the Trust Enterprise Act.
- Has established a legal compliance unit and a person in charge thereof pursuant to the Regulations Governing Internal Control.
After a securities firm has been approved by the FSC to conduct the business under the preceding paragraph, if its regulatory capital adequacy ratio or net worth for two consecutive months fail to meet the requirements of the preceding paragraph, or its credit rating falls below the requirements of the preceding paragraph, it shall suspend conducting the business under the preceding paragraph, and may resume it only after its regulatory capital adequacy ratio or net worth have met the requirements for three consecutive months, or its credit rating has met the requirements and it has reported to and received approval from the FSC.
A securities firm failing to meet a condition in subparagraph 4 of paragraph 1 may be exempted from restriction under that subparagraph if has already corrected the infraction and provides specific documentary proof thereof.
An ROC branch of a foreign securities firm applying to conduct business under paragraph 1 shall comply with paragraph 1, subparagraphs 4 and 5, and the regulatory capital adequacy ratio, financial condition, and long-term credit rating of its head office shall comply respectively with subparagraphs 1, 2, and 3 of paragraph 1.
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