• Font Size:
  • S
  • M
  • L

Relevant Laws

Title:Offshore Banking Act (2016.12.28)
Article 8 Unless approved by the CBC, an offshore banking branch shall not conduct exchanges or other transactions between foreign currencies and New Taiwan Dollars.
Article 9 An offshore banking branch shall not engage in direct investment and investment in real estate.
Article 22-4 An offshore securities branch may only conduct the following types of business:
1.Selling foreign currency financial debentures or other certificates of debt issued by its head office, to natural persons, juristic persons, government agencies, or financial institutions within or outside the territory of the ROC;
2.Conducting commission agency, brokerage, and agency businesses of foreign currency denominated securities, or other foreign currency denominated financial products approved by the competent authorities, for natural persons, juristic persons, government agencies, or financial institutions within or outside the territory of the ROC;
3.Conducting borrowing or lending of funds in connection with securities businesses, and buying and selling of foreign currency denominated securities or other foreign currency denominated financial products approved by the competent authorities, between the offshore securities branch and other financial institutions, and between the offshore securities branch and natural persons, juristic persons, government agencies, or financial institutions outside the territory of the ROC;
4.Underwriting securities issued outside the territory of the ROC;
5.Conducting account custody, agency, and consulting businesses related to the businesses specified in the subparagraphs above, for natural persons, juristic persons, government agencies, or financial institutions within or outside the territory of the ROC;
6.Conducting consulting relating to asset allocation or financial planning, and sales services in connection with foreign currency denominated securities or other foreign currency denominated financial products approved by the competent authorities, for natural persons, juristic persons, government agencies, or financial institutions within or outside the territory of the ROC;
7.Other foreign currency businesses related to securities approved by the competent authorities.
The term, "financial institutions within the territory of the ROC" as used in any subparagraph of the preceding paragraph shall mean any financial institution approved by the CBC to engage in foreign exchange businesses or any offshore securities branch established in accordance with this Act.
Article 22-6 Unless otherwise provided in this Act, the conducting by an offshore securities branch of the businesses specified in the subparagraphs of Article 22-4, paragraph 1, shall not be subject to the restrictions in relevant articles of the Foreign Exchange Regulation Act, the Securities and Exchange Act, the Trust Enterprise Act, the Securities Investment Trust and Consulting Act, and the Futures Trading Act.
The FSC, in consultation with the CBC, shall adopt regulations for offshore securities branches concerning finances, businesses, utilization of funds, risk management, time limit on and total balance of interbank call loans or financing obtained from other financial institutions, the handling of trading across foreign currencies with designated foreign exchange banks, offshore banking branches, or offshore financial institutions, and other matters requiring compliance.
Article 22-8 Articles 8 to 10, 18 to 20, and 21-1 shall apply mutatis mutandis to offshore securities businesses operated by offshore securities branches.