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Article 14
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Where a listed company issues new shares that are of the same type of stocks as those which has already been listed and applies for listing the new shares, such new shares may be listed in accordance with the provisions of Article 139, paragraph 2 of the Securities and Exchange Act, and any certificates carrying right to convert bonds into stock issued by the listed company may also be listed on the TWSE in accordance with the said provisions of the Securities and Exchange Act.
Where a listed company issues new shares that are not of the same type of stocks as those which have already been listed and applies for listing of the new shares, the TWSE may agree to list the new shares if the following conditions are met:
- the total issue amount of the shares under application for listing is NT$300 million or more, with 30 million or more shares issued.
- the company offers the shares for sale to the public before listing in accordance with Article 11, paragraph 1.
- the share ownership dispersion standards in Article 8, paragraph 3 are met.
A listed company applying for listing of shares issued by it that are not of the same type of stock as those already listed and that are redeemable for cash upon maturity shall comply with the provisions of the preceding paragraph; however, the share ownership dispersion standards in Article 8, paragraph 3 of these Rules shall not apply.
A listed company shall promptly report on the Internet information reporting system designated by the TWSE any common shares created through the exercise of conversion rights or subscription rights under any preferred shares with warrants, convertible preferred shares, corporate bonds with warrants, convertible corporate bonds, and detached company warrants offered and issued by it, and may be exempted from the requirement of public offering under Article 11.
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Article 38
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When a TIB listed company or a TIB primary listed company is issuing new shares of the same class, listing of these shares shall be governed by Article 139, paragraph 2 of the Securities and Exchange Act. The issued certificates of entitlement to new shares from convertible bond shall also be listed and traded at the TWSE markets in accordance with the above regulations.
When a TIB listed company or TIB primary listed company applies for listing of stocks of a class different from its listed stocks, its application for listing may be approved if the following conditions are met:
- The total value of shares applied for listing exceeds NT$50 million and 5 million or moreshares will be issued.
- It shall engage in relisting public sale in accordance with Article 36, paragraph1 or 2.
- Dispersion of share ownership: The number of registered shareholders is 30 or more. Excluding company insiders and any juristic persons in which such insiders hold more than 50 percent of the shares, registered shareholders hold 5 percentor moreof the all issued special shares, or at least 3 million shares.
The requirements under paragraph 2 shall govern if a TIB listed company or a TIB primary listed company is applying for listing of stocks of a class different from its listed stocks that may be redeemed in cash upon maturity, in which case the criteria on dispersion of share ownership under subparagraph 3 shall not apply.
Subscription certificates of new shares, certificates of entitlement to new shares, or certificates of payment that a TIB listed company or primary listed company issues may be listed for tradingon the TWSEmarkets only after a listing application with the TWSE is submitted after the filing of a capital increase with the Competent Authoritybecomes effective.
If a TIB listed company or a TIB primary listed company issues securities with detachable share options, it shall, after its plan has been reported to the competent authority and taken effect, apply to the TWSE for listing of detached share options. The number of units of share options it applies for listing must be 3 million or more, and these options must be offered for public sale and meet the following criteria on dispersion of share ownership before they may be listed and traded at the TWSE markets. Notwithstanding, if special shares with detachable share options fail to meet the conditions of listing of special shares under subparagraph 2, their detached share options may not be listed:
- If the total units of share options are less than 10 million, there should be at least 30 holders of these share options.
- If the total units of share options are 20 million or more, there should be at least 50 holders of these share options.
A TIB listed company or a TIB primary listed company shall complete registration of its common shares issued at the Internet information reporting system designated by the TWSEafter having exercised conversion rights or share options based on preferred shares with stock options, convertible preferred shares, bonds with share options, convertible bonds and detached share options, in which case the public sale required under Article 36 may be waived.
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