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Article 5-1
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The foreign currency denominated structured bonds that a securities firm may trade with high-asset customers shall meet the product criteria set out in Article 17, paragraph 1, subparagraphs 1 to 3 of the Regulations Governing Offshore Structured Products. Unless the securities firm is a designated foreign exchange bank, or a bank's offshore banking branch, that concurrently operates securities dealing business, which are instead subject to the application and operational requirements set out in the Regulations Governing Banks Conducting Financial Products and Services for High-Asset Customers, the securities firm shall meet the following conditions and submit application documentation to the TPEx for review and further forwarding to the competent authority for approval before conducting such trading:
- Regulatory capital adequacy ratio: its regulatory capital adequacy ratio reported for the half-year prior to the application shall exceed 200 percent.
- Its financial position shall meet any of the following conditions:
- Its CPA audited and attested financial report for the most recent period shows a net worth of NT$10 billion or more and also not less than its paid-in capital.
- Its CPA audited and attested financial report for the most recent period shows a net worth of NT$7 billion or more and also not less than its paid-in capital, and it makes specific promises to increase substantive investments, business size, and number of employees in Taiwan in the next 3 years, and the overall implementation plan is approved by the competent authority.
- Legal compliance:
- It has not been subject to any penalty imposed 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 3 months.
- It has not been subject to any penalty imposed 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 6 months.
- It has not been subject to any penalty involving suspension of business activities imposed by the competent authority in the last year.
- It has not been subject to any penalty involving partial voidance or revocation of business permission imposed by the competent authority in the last 2 years.
A securities firm's failure to meet the conditions of subparagraph 3 of the preceding paragraph may be disregarded if it has made corrections as demonstrated by specific evidence.
If a securities firm that conducts the business under paragraph 1 with the approval of the competent authority has failed to meet any of the applicable requirements for regulatory capital adequacy ratio or net worth set out in paragraph 1 for 2 consecutive months, it shall suspend the conduct of that business and may resume the business only after its regulatory capital adequacy ratio or net worth, as the case may be, has complied with the applicable requirement for 3 consecutive months and approval has been obtained from the competent authority.
A securities firm granted with approval based on paragraph 1, subparagraph 2, item B to conduct the business under paragraph 1 shall, after the end of a 3-year period starting from the date of approval, report to the competent authority within 5 business days on the implementation of its promised plan to increase substantive investments, business size, and number of employees in Taiwan. If the securities firm fails to fulfill its promises and the failure is of material nature, then unless there is a legitimate reason, the competent authority may revoke its approval to conduct the business under paragraph 1.
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