Laws Information

法規資訊
Title: Regulations Governing Futures Advisory Enterprises
Am Date: 2014-05-29
Legislative History: Articles 10 and 26 amended and issued per 29 May 2014 Order No. Financial-Supervisory-Securities-Futures-1030013322 of the Financial Supervisory Commission

Transaction

Amended

Article 10
A futures broker, managed futures enterprise, securities broker, or SICE approved by the competent authority for concurrent operation of a futures advisory enterprise shall first carry out company amendment registration, then deposit an operating bond of NT$10 million with a financial institution designated by the competent authority.
The financial institution referred to in the preceding paragraph shall be a bank that is approved by the competent authority to operate custodial business, and meets the conditions prescribed by the competent authority.
The operating bond referred to in the preceding paragraph shall be deposited in the form of cash, domestic government bonds, or securities with a credit rating at or above a prescribed level issued by a credit rating agency approved or recognized by the competent authority.
The operating bond deposited by an enterprise named in paragraph 1 that concurrently operates a futures advisory enterprise may not be deposited in multiple accounts, reported lost, or rescinded; no security interest may be created on the things deposited or on their certificates of custody, nor may those items be withdrawn or swapped for other items without the approval of the competent authority. When a withdrawal is made to exchange one form of operating bond for another, and the total monetary amount of the bond remains unchanged, the custodian institution shall report the circumstances of the change to the competent authority within three days of its occurrence.

Article 26
The responsible person and associated persons of a futures advisory enterprise shall faithfully carry out their duties in keeping with the principle of good faith and honesty.
In addition to conduct prohibited under Article 63 of the Futures Trading Act, the enterprise and the persons referred to in the preceding paragraph may not engage in the following conduct:
1. Entering into futures advisory mandate contracts by means of fraud, coercion, or other improper methods.
2. Engaging in conduct involving falsehood, concealment, fraud, or other conduct obviously inconsistent with fact or that would be sufficient to cause mistaken confidence on the part of others.
3. Using the futures trading research, opinions, recommendations, published materials, or lecture courses produced for a principal with the intent of seeking benefits for oneself, another principal, or a third party.
4. Engaging in futures trading analysis under an unregistered name or a name other than one’s real name.
5. Directly or indirectly establishing a fixed place of business outside the place of business of the company or a branch office for the signing of mandate contracts with principals, provided that where otherwise provided by the competent authority, this restriction shall not apply.
6. Disclosing matters entrusted by a principal or other secrets gained in the course of business, except in accordance with an inquiry undertaken pursuant to the law.
7. Handling the production, reporting, announcement, display, or safekeeping of any account books, statistical tables, or documents required by law or regulation in contravention of regulations or making false entries.
8. Failing to provide account books, statistical tables, documents, promotional materials, advertisements, or other reference reporting materials within the specified time per order of the competent authority, or refusing or impeding an investigation of the competent authority undertaken pursuant to applicable law.
9. Taking into custody or appropriating the funds, personal seal, or passbook of a principal.
10. Borrowing funds from a principal or acting as an intermediary in such borrowing.
11. Agreeing to undertake futures trading on a fully discretionary basis.
12. Producing advertising or promotional materials in contravention of laws or regulations.
13. Using another’s name or allowing another to use one’s name to carry out business operations.
14. Opening a futures trading account or making futures trades on behalf of another.
15. Using persons not employed by the enterprise to carry out futures advisory related business.
16. Violating the self-regulatory rules of the Futures Association.
17. Engaging in any other conduct in violation of laws and regulations governing securities and futures management or prohibited by the regulations of the competent authority.
Persons referred to in the preceding paragraph also may not engage in any other conduct which, by law and regulation, is prohibited for securities advisory enterprises.
Personnel other than associated persons may not engage in any conduct set out in the preceding two paragraphs, nor may they carry out the duties of an associated person or act as proxy for them.
Administrative regulations governing futures trading by the responsible person, associated persons, or other personnel at a futures advisory enterprise or their spouses shall be adopted by the Futures Association and submitted to the competent authority for recordation; the same shall be true for any amendments thereto.