Laws Information

法規資訊
Title: Regulations Governing Management and Utilization of Collective Investment Trust Funds
Am Date: 2015-08-07
Legislative History: Article 8 and attached table 1 were amended on August 7, 2015 per Order No. Jin-Guan-Yin-Piao-Zi-10440003400 of the Financial Supervisory Commission and in force on the date of promulgation.

Transaction

Amended

Article 7
For collective trust accounts that accept funds from non-professional investors, a trust
enterprise shall utilize the trust assets in compliance with the following provisions:
1. Bank deposits–The credit rating of the bank must be at or above a certain level given by a credit rating agency listed in attached Table 1; in case of a foreign bank, the bank must be ranked in the world’s top 500 banks by capital or assets.
2. Short-term bills–In case of foreign short-term bills, the short-term credit rating of the debtor (bill issuer, guarantor or acceptor) must be at or above a certain level given by a credit rating agency listed in attached Table 2.
3. Government bonds–In case of foreign government bonds, the sovereign credit rating of the issuing sovereign entity must be at or above a certain level given by a credit rating agency listed in attached Table 3.
4. Foreign financial debentures, corporate bonds issued by exchange-listed or OTC-listed companies (including convertible bonds, exchangeable bonds and bonds with warrant), securitized products (excluding re-securitized products and securitized composites)–The long-term credit rating of the issuer or guarantor and the debt rating of the debt instrument must be at or above a certain level given by a credit rating agency listed in attached Table 3.
5. RP/RS trades–Where the instrument in Subparagraph 2 hereof is the underlying, the short-term credit rating of the counterparty must be at or above a certain level given by a credit rating agency listed in attached Table 2; where the instrument in Subparagraph 3 or the preceding subparagraph hereof is the underlying, the long-term credit rating of the counterparty must be at or above a certain level given by a credit rating agency listed in attached Table 3.

Article 8
For collective trust accounts that accept funds from professional investors only, a trust
enterprise shall utilize the trust assets in compliance with the following provisions:
1. Bank deposits–The credit rating of the bank must be at or above a certain level given by a credit rating agency listed in attached Table 1.
2. Short-term bills–In case of foreign short-term bills, the short-term credit rating of the debtor (bill issuer, guarantor or acceptor) must be at or above a certain level given by a credit rating agency listed in attached Table 2.
3. Government bonds–In case of foreign government bonds, the sovereign credit rating of the issuing sovereign entity must be at or above a certain level given by a credit rating agency listed in attached Table 4.
4. Foreign financial debentures, corporate bonds issued by exchange-listed or OTC-listed companies (including convertible bonds, exchangeable bonds and bonds with warrant), securitized products (excluding re-securitized products and securitized composites)–The long-term credit rating of the issuer or guarantor and the debt rating of the debt instrument must be at or above a certain level given by a credit rating agency listed in attached Table 4.
5. RP/RS trades–Where the instrument in Subparagraph 2 hereof is the underlying, the short-term credit rating of the counterparty must be at or above a certain level given by a credit rating agency listed in attached Table 2; where the instrument in Subparagraph 3 or the preceding subparagraph hereof is the underlying, the long-term credit rating of the counterparty must be at or above a certain level given by a credit rating agency listed in attached Table 4.