Article NO. Content

Title:

Operating Rules for Securities Firms Handling Non-Restricted Purpose Loan 

Amended Date: 2023.12.28 (Articles 2 amended,English version coming soon)
Current English version amended on 2023.07.27 
Categories: Securities Exchange Market > Borrowing of Money
Article 17     For the collateral in the form of securities or other commodities provided by a client applying non-restricted purpose loan, a securities firm or custodian institution shall transfer the client's collateral to the collateral account opened by the securities firm at the TDCC or central government securities settlement bank. Such collateral account, excluding that for securities on which pledge shall be created under Article 6, paragraph 3,may be shared with the loan collateral account of Article 16,paragraph 1 of the Operating Rules for Securities Business Money Lending by Securities Firms.If a collateral is provided in the form of a fund purchased in the securities firm's name or claims in outstanding settlement funds receivable, the authorized securities firm shall keep a registration log for management purposes.
    A client that lodges security in the form of claims in outstanding settlement funds receivable shall submit an application for the review and approval of the securities firm and complete pledge procedures.
    After a securities firm completes the process set forth in the preceding two paragraphs, it shall transfer the financing amount to the client's designated financial institutes account. The account shall be the client's own account and the transfer fee shall be borneby the client.
    The financial institutes account of the preceding paragraph shall be stated clearly in the non-restricted purpose loan contract. If there is any change to such financial institutes account, Article 13 of theseOperating Rules shall apply.
    For the transfer of the financing amount set forth in the preceding paragraph 3, a securities firm may make in a lump sum or separately per client's application by calculating, once or separately, the finance limit for the collateral provided by the client according to Article 16 and the transfer method shall be stipulated by both parties.
    For the application of paragraph 1, if a client submits the loan application by a method other than in person, the client shall submit a consent letter for exemption from affixing signature or seal on the loan application. If a securities firm has verified and retained the record of the consent letter on file, the securities firm may proceed with loan application related matters accordingly without requiring the client to affix signature or seal on the loan application.

Interpretation:

Relevant Laws: