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Amended Article

Title：

Operation Directions for Agency Services Operated by Securities Firms Engaged by Customers to Invest Their Securities Trading Balances  CH

Amended Date： 2015.03.31 
Categories： Securities Exchange Market > Borrowing of Money
Article Content Content Search Article No. Search Amended Article Legislative History Chinese
Article 1     These Directions are established pursuant to the requirements under the Financial Supervisory Commission order no. Financial-Supervisory-Securities-Zi-10300522233 dated January 21, 2015.
Article 3     A securities firm to operate the Services shall meet the conditions and qualifications indicated below, file an application with the TWSE accompanied by the minutes of the board meeting which approves such operation and the certificates and related documents which prove additional operating bond has been paid, be confirmed qualified, and be reported to the competent authority for recordation, before it may conduct such business.
  1. Type of the securities firm: it shall be an integrated securities firm conducting securities brokerage, underwriting and dealing business at the same time;
  2. Self-owned capital adequacy ratio: the self-owned capital adequacy ratio reported before the application shall be more than 150%;
  3. Credit rating: it shall obtain a long-term credit rating of at least twBBB from Taiwan Rating Corporation, BBB (twn) above from Fitch Australia Pty Ltd, Taiwan Branch, Baa2.tw above from Moody's Cooperation, BBB from Fitch Ratings Ltd., BBB above from Standard & Poor's Corp., or Baa2 above from Moody's Investors Service.
  4. Legal compliance:
    1. Has not been subject to the penalties under Article 66, Subparagraph 1 of the Securities and Exchange Act or Article 100, Paragraph 1, Subparagraph 1 of the Futures Trading Act in the last three months.
    2. Has not been subject to the penalties under Article 66, Subparagraph 2 of the Securities and Exchange Act or Article 100, Paragraph 1, Subparagraph 2 of the Futures Trading Act in the last six months.
    3. Has not been subject to an order of business suspension by the competent authority in the past year.
    4. Has not been subject to revocation or nullification of the business permit by the competent authority in the last two years.
    5. Not been subject to an order of suspension of or restriction on trading by the TWSE, GTSM and Taiwan Futures Exchange pursuant to their operating rules or business regulations in the past year.
    If the securities firm not complying with Subparagraph 4 of the paragraph above has specifically mitigated the breach as acknowledged by the competent authority, it may be exempted from the restriction of the subparagraph.