Laws Information

法規資訊
Title: Regulations Governing Investments in Other Enterprises by Commercial Banks
Am Date: 2012-12-28
Legislative History: Article 2 amended and promulgated by Financial Supervisory Commission Order Jin-Kuan-Yin-(I)-10110007960 on December 28, 2012.

Transaction

Amendment

Article 2
A commercial bank investing in another enterprise shall comply with the following provisions:
1. Where the invested enterprise and the investing commercial bank become “interested parties” as defined in the Banking Act, credit extensions by the commercial bank to the invested enterprise shall comply with the applicable provisions of Article 32 and Article 33 of the Banking Act.
2. The responsible person and employees of a commercial bank may not concurrently serve in an invested finance-related enterprise in any position except Director or Supervisor, unless otherwise specified by act or regulation.
3. When calculating the ratio of regulatory capital to risk-weighted assets, the capital charge of investments of a commercial bank should comply with the rule of “Regulations Governing the Capital Adequacy and Capital Category of Banks“ and “the Methods for calculating Bank’s regulatory capital and Risk Weighted Assets”.
4. A commercial bank and its invested enterprises shall comply with the provisions concerning the confidentiality of customer information in Article 48 of the Banking Act.
5. When using personal identity information of customers in joint marketing, a commercial bank and its invested enterprises shall obtain customer agreement; if a customer refuses, their information may not be used.
6. A commercial bank and its invested enterprises shall adopt rules to prevent insider trading.