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Article 23
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Offshore funds other than offshore ETFs meeting the conditions listed below may be offered and sold in Taiwan subject to approval by or effective registration with the FSC:
- The percentage of the offshore fund utilized in derivatives trading may not exceed the percentage as prescribed by the FSC;
- The offshore fund may not invest in gold, spot commodities, and real estate;
- The percentages of the offshore fund’s total investments that are invested in securities in the Mainland China securities market may not exceed the percentages set by the FSC;
- The percentage of the investment in any individual offshore fund that is contributed by Taiwan investors may not exceed the limit set by the FSC;
- The investment portfolio of the offshore fund may not make Taiwan securities markets its primary investment area; a percentage limit for such investment shall be set by the FSC.
- The offshore fund may not be denominated in New Taiwan Dollars or Renminbi;
- The offshore fund must have been established for 1 full year;
- The offshore fund has been approved by the competent authority of its place of registration to be offered to the public;
- Such other requirements as may be prescribed by the FSC.
With special-case approval from the FSC or where an offshore fund's place of registration is recognized and publicly announced by Taiwan, an offshore fund may be exempted from the restrictions of subparagraphs 1 and 7 of the preceding paragraph.
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