Laws Information

法規資訊
Title: Rules Governing the Particulars to be Recorded in the Contract for Recommendations by Securities Firms to Customers for Securities Trading
Am Date: 2016-05-26
Legislative History: 中華民國105年5月26日臺灣證券交易所股份有限公司臺證輔字第10500089
89號函修正發布第1條、第3條條文,並自即日起實施 (中華民國105年5
月17日金融監督管理委員會金管證券字第1050016879號函准予照辦)

Transaction

Amended

Article 1
These Rules are established pursuant to Article 2, Paragraph 4 of the Operational Regulations Governing Securities Firms Recommending Trades in Securities to Customers.

Article 3
A written recommendation contract specifying the rights and obligations of both parties shall be entered into between the securities firm and the customer before the securities firm recommends a trade in securities to the customer. The main particulars to be recorded in the Contract for Recommendations by Securities Firms to Customers for Securities Trading are as follows:
1. Names, addresses, GUI number or ID number of the securities firm and the customer.
2. Method the securities firm uses to make recommendations to the customer.
3. Term of the recommendation contract.
4. Investors shall be solely responsible for the investment risks and profits arising from the securities trades recommended. The securities firm shall not enter into an agreement with the customer to share the profits and losses in the securities investments.
5. The securities firm to recommend trades in securities to a customer shall evaluate the customer’s investment capability and make the recommendation in good faith with the care and loyalty of a good administrator based upon reasonable information.
6. When recommending a trade in securities to a customer, the securities firm shall not receive funds from the customer or engage in investment in securities on behalf of the customer.
7. The securities firm shall keep confidential any information known to the securities firm as to the customer’s financial status and other personal situation when recommending a trade in securities to the customer.
8. Without the securities firm’s consent, the customer shall not disclose to others the content of the opinion or research reports provided by the securities firm.
9. Causes or methods of changes in or termination of the recommendation contract.
10. Agreement on dispute resolution.
11. Names of the regulations or documents incorporated by reference in the recommendation contract.
12. Other necessary particulars relating to the parties’ rights and obligations.
13. Date of the contract.