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Relevant Laws

Title:Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals (2014.02.11)
Article 3     The term "onshore overseas Chinese and foreign nationals" as used in these Regulations means natural persons residing in the territory of the Republic of China (ROC) with an Overseas Compatriot Identity Certificate, or holding an ROC passport with an Overseas Compatriot Identity Endorsement, or holding an Alien Resident Certificate, and foreign institutional investors.
    The term "offshore overseas Chinese and foreign nationals" as used in these Regulations means overseas Chinese and foreign nationals, including natural persons and foreign institutional investors, outside the territory of the ROC.
    The term "foreign institutional investor" as used in these Regulations means either an institutional investor established outside the ROC in accordance with local law, or a branch company established in the ROC by an overseas juristic person.
Article 10     Offshore overseas Chinese and foreign nationals wishing to invest in domestic securities shall apply to the TWSE for registration in accordance with the TWSE operating rules and bylaws by submitting the relevant documents; provided, however, that this requirement shall not apply to onshore overseas Chinese and foreign nationals investing in government bonds, financial bonds that do not confer equity rights, straight corporate bonds, or open-ended beneficial certificates.
    Offshore overseas Chinese and foreign nationals applying to complete the registration set forth under the preceding paragraph shall submit an application form together with the following documents:
  1. The power of attorney for agent or letter of appointment for representative.
  2. Identification documents conforming to Article 3, paragraph 2.
  3. Other documents as required by the FSC.
    Overseas Chinese and foreign nationals that have already completed registration with the Taiwan Futures Exchange Corporation (TAIFEX) and obtained qualification to engage in domestic futures trading are exempted from carrying out the registration procedures referred to in paragraph 1.
Article 17     An offshore overseas Chinese or foreign national that invests in domestic securities shall designate a bank or securities firm approved by the FSC to act as its custodian institution and to handle related matters, such as custodianship of funds and certificates related to securities investments, confirmation of trades, transaction settlement, and reporting of relevant information. When a securities firm acts as the custodian institution, the funds of its customers shall be deposited in a segregated account opened at a bank approved by the FSC.