Securities firms accepting orders to trade foreign securities shall enter into a brokerage contract with the principal for the trading of foreign securities before it may accept orders to trade securities.
The contract referred to in the preceding paragraph shall contain the following particulars:
Securities firms’ contracts for brokerage trading of foreign securities shall be reported to the securities dealers association for its record.
- The procedures of executing the brokerage contract, and the period of validity of the contract.
- The particulars that both parties to the brokerage trading shall observe.
- The terms of the deposit of purchased foreign securities into a foreign depositary institution.
- The particulars stated on relevant documents regarding the deposit of purchased foreign securities into a foreign depositary institution.
- The time period for settlement of trades in foreign securities, the method of payment/acceptance of the settlement money, the currency, the exchange rate and its method of calculation, and matters agreed upon regarding the foreign exchange remittance authorization.
- The method of handling breach of the settlement obligation.
- The matters agreed to regarding the handling of dividends and exercise of shareholders rights.
- The reporting of changes in the basic information of the principal, and indemnity in case of non-reporting.
- The information and the services that shall be provided by the securities firm.
- The scope of damages that arise from causes attributable to the other contracting party, arbitration, and the handling of related matters.
- The method of handling losses not attributable to either party to the contract.
- Matters regarding the notification regarding amendment to the contract.
- Matters regarding the rescission or termination of the contract.
- Other particulars that must be noted that are relevant to the rights and obligations of the parties.
The matters to be recorded in a contract entered into between a securities firm and a professional institutional investor or high net worth juristic person investor for brokerage trading of foreign securities shall be decided in accordance with the business needs of both parties, and paragraph 2 shall not apply.