|
Article 3
|
Associated persons of securities firms are classified into the following two categories in accordance with the complexity and degree of responsibility of their duties:
1. Senior agent: A person who supervises a department or who is a responsible person of a securities firm's branch office or simple branch office, or is engaged in duties such as investment analysis or internal auditing, as described in Article 8, paragraph 1.
2. Agent: A person who engages in duties such as underwriting, proprietary trading, or brokerage trading of securities, or who is an internal auditor or an in-charge accountant, as described in the subparagraphs of paragraph 2 of the preceding article.
Only a person who is trained and certified by the internal auditor training program of an institution accredited by the Financial Supervisory Commission (FSC) may engage in internal auditing as provided in subparagraph 2 of the preceding paragraph.
|
Info
|
|
Article 8
|
In a securities firm, qualification as a senior agent shall be required for the supervisory personnel of departments engaged in underwriting, proprietary trading, brokerage trading, clearing and settlement, internal auditing, shareholder services, and financial affairs. In a branch office or simple branch office of a securities firm, qualification as a senior agent shall be required for its responsible persons and the supervisory personnel of the brokerage trading and clearing and settlement departments. As an exception to the above, in a securities firm concurrently operated by a financial institution, separate provisions of the FSC may be followed with respect to the supervisory personnel of the internal auditing department and financial affairs department.
In a foreign securities firm's branch office within the ROC, with the exception of its responsible persons and the supervisory personnel of its financial affairs and shareholder services departments, qualification as a senior agent shall be required for the supervisory personnel of departments engaged in underwriting, proprietary trading, brokerage trading, clearing and settlement, and internal auditing.
|
|
|
Article 10
|
The supervisory personnel of the departments set forth in Article 8, paragraph 1, those who oversee those departments or the assistant general managers, deputy assistant general managers, and managers of those departments, and the responsible persons of a securities firm's branch offices and simple branch offices, shall possess one of the following qualifications:
1. Graduation from a local or foreign junior college recognized by the Ministry of Education, or an equivalent or higher degree, with 3 years or more of business work experience and a good performance record in a securities, futures, finance, or insurance institution.
2. Four years or more of work experience and a good performance record at a securities institution.
3. Six years or more of work experience, with a good performance record, in a professional field such as information, technology, law, e-commerce, or digital economy.
4. Other academic or work qualifications demonstrating possession of professional knowledge of securities and operations and management experience that would enable sound and effective management of securities firm business.
The chief internal auditor of a TWSE listed or TPEx listed securities firm or a securities subsidiary of a financial holding company, in addition to possessing one of the qualifications in the preceding paragraph, shall have an occupational rank equal to an assistant general manager or a position with equivalent duties, and may assume their position only after the candidate is reported to the FSC for review and found to be qualified.
For a branch office of a foreign securities firm within the ROC, the supervisory personnel of departments that engage in underwriting, proprietary trading, brokerage trading, clearing and settlement, and internal auditing shall possess the qualifications of the paragraph 1.
The provisions of paragraph 1 shall apply mutatis mutandis to positions equivalent to assistant general manager, deputy assistant general manager, or manager under other laws or under the articles of incorporation of the securities firm.
|
Info
|
|
Article 11
|
A securities firm's board of directors is responsible for the appointment of managers and shall scrupulously review to ensure that the appointed managers meet the qualification requirements. The board of directors is also responsible for overseeing the maintenance of qualifications by managers and the suitability of managers in their positions.
The board of directors shall scrupulously oversee the company's implementation of the accountability of managerial officers, establish related systems, and include them in the assessment of the suitability of managerial officers.
When any person is promoted or assigned, after the amendment of these Regulations, to a position as a securities firm's general manager, supervisory personnel of any department set forth in Article 8, paragraph 1, anyone overseeing any of those departments, or an assistant general manager, deputy assistant general manager, or manager of any of those department, or a responsible person of a branch office or simple branch office of the securities firm, such person shall possess or be in conformance with the qualifications set forth in these Regulations; those who do not meet those qualifications shall be dismissed.
|
Info
|