Laws Information

法規資訊
Title: Regulations For Management Of Central Government Bonds
Am Date: 2003-02-26
Legislative History: Articles 1, 2, 9, 21, 25, 26, 28, 35-1, 35-3, 43, 45, 46 amended, Articles 7-1 and 35-5 added, and Article 10 deleted on Feb.26,2003 per the Order of MOF Tai-tsai-ku No. 0920350341.

Transaction

Amendment

Article 7-1
Reopen-bonds may be issued after the issuance of the original bonds, and the type, serial number, terms, and maturity date of the reopen-bonds shall be identical to the original bonds.

Article 35-5
To apply for public announcement of trust for registered certificates, the owner of or other person who is entitled to such registered certificates and trustee shall fill out an application and affix his/her seal to such application, and submit the certificate, relevant supporting documents, and seal specimen to the branch bank originally handling the sale.
After reviewing the application referred to in the preceding paragraph, the bank shall specify on the certificates that are property in trust accompany with the date, and print out a "List of Registered Certificates in Trust" for record as well.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to any change or invalidation of trust relationship.
Article 1
The Regulations are established in accordance with the stipulation under Article 9 of Central Government Bonds and Loan Act.

Article 2
Unless otherwise provided in the relevant Statute of Central Government Bond, the custody, appropriation, distribution, registration, trust announcement, loss report and stoppage of payment, Cancellation, receipt and disbursement of loans, appropriation of principal and interest, and distribution and administration fee in connection with the bonds issued by the Central Government shall be stipulated under these Regulations.

Article 9
The Central Bank of China shall consult with the Ministry of Finance on the operation for the tender sale of the bonds and the qualifications of the bidders.

Article 21
The Ministry of Finance or the competent authorities referred to in Paragraph 1, Article 5 shall appropriate, the business day prior to the payment date for each series of government bond, the principal and interest due and payable to the specific account of funds with the Central Bank of China for payment.

Article 25
Upon receipt of the funds for payment of principal and interest, a bank branch shall open a special account, in the name of "Specific Account for Payment of Principal and Interest for ○○ Bonds", under the account of savings deposit, and shall register and prepare a statement in compliance with the Accounting System for Central Government Bonds. (If a bank branch also acts on behalf of the National Treasury, Article 22 hereof shall apply, and it shall open an account under the sub-account of funds for government bonds, which is under the account of special deposit for National Treasury.) For a flexible utilization and a prevention of dilution of the funds, no further appropriation shall be made.

Article 26
The Central Bank of China is entitled to recall the balance of the funds deposited in a bank branch for payment of principal and interest; provided, however, that if the funds are insufficient, a bank branch shall make the advancement and inform the Central Bank of China to appropriate the funds as soon as possible.

Article 28
The holder of certificate wishing to redeem bonds principal or interest coupons shall fill out "List of Bonds Principal and Interest Redeemed" and submit the certificate for payment to a bank branch.
Where the owner of the certificate has deposited the certificate to securities central depository for its custody and has authorized the depository to collect the principal and interest, the depository shall prepare a "List of Principal and Interest Collected on Behalf of Owners" and a "List of Serial Numbers of Certificates" prior to the payment date, which shall be attached to the certificate for payment of principal and interest and delivered to a bank branch. The payment shall be wired by bank’s head office directly to the account of the certificate owner.
The bank’s head office shall book the title, type, and par value of the bonds and interest coupons which have been paid into "Records of Paid Bonds and Interest Coupons for ○○ Bonds" or "List of Paid Bonds and Interest Coupons for ○○ Bonds" on the basis of the redeemed bonds and interest coupons and the lists referred to in the preceding two paragraphs.

Article 35-1
Where a bearer-form certificate is lost, stolen, or disintegrated, he/she may file an application for re-issuance of the certificate after he/she has reported the loss of the certificate and requested the stoppage of payment, published public notice, and obtained from the competent court a decree of invalidation of the certificate; provided, however, that a report for the loss of certificate and stoppage of payment shall not be made for a bear-form certificate issued prior to Sept. 28, 1995.

Article 35-3
When handling the notice for the lost, stolen, or disintegrated bearer-form certificates, the Department of National Treasury of the Ministry of Finance, the Treasury Department of the Central Bank of China, a bank’s head office, or its branch shall inform each government agency or bank concerned to process the stoppage of redemption by a notice for stoppage of redemption. The notice shall take effect when it is received by each government agency or bank concerned.
Upon receipt of the notice referred to in the preceding paragraph, the Treasury Bureau of the Central Bank of China shall inform Taiwan Stock Exchange Corporation, Over-the Counter Exchange Center, and relevant agencies that if the certificate is found by any of government agency or bank concerned, it shall inform the police department to take proper actions, unless otherwise the notice for stoppage of redemption has become invalid.
The notification procedure referred to in the preceding two paragraphs shall be completed within 2 business days after the report of loss and stoppage of payment filed by certificate owners is received.

Article 43
The Central Bank of China shall consult with the Ministry of Finance for the registrations in connection with the printing, re-issuance, cancellation of the pass book for book-entry bonds, the processing and custody of registration data, and payment of principal and interest, transfer, succession, gift, payment preparation, escrow by the court, public announcement for trust, imposition of pledge, and the guarantee.

Article 45
The funds paid by the clearing bank for the payment of principal and interest for the book-entry bonds, shall be appropriated from the account of savings deposit, and shall register and prepare a statement in compliance with the Accounting System for Central Government Bonds.

Article 46
The Central Bank of China shall prepare, every half of year, a List for Consolidated Settlement for Payment of Principal and Interest for Book-Entry Bonds and forward to the Ministry of Finance for auditing and settlement. A random inspection shall be performed by the personnel assigned by the Ministry of Finance and the Central Bank of China at each clearing bank on a routine or non-routine basis.
Article 10
(Deleted)