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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content

Title:Directions Governing Banking Enterprises for Operating Foreign Exchange Business Open new window for Chinese

Announced Date:August 6, 2003

Date:January 19, 2022

[Print]

〈Business of NTD non-discretionary trust funds 〉

                                                                        
9.Authorized banks approved to engage in NTD non-discretionary trust funds 
 investing in foreign-currency denominated securities shall abide by the 
 following provisions:
 (1)Trustors shall be limited to the followings:
   i.A domestic natural person, or a foreign natural person/ citizen of 
    Mainland China who holds a valid Resident Certificate of Taiwan Area, 
    Alien Resident Certificate or an identification document issued by the 
    Ministry of Foreign Affairs.
  ii.A domestic legal entity; a foreign legal entity recognized by the ROC 
    government, or whose branch office is registered under the ROC Company 
    Act or Limited Partnership Act.
  iii.Other entities approved by the Financial Supervisory Commission 
    (hereinafter referred to as FSC) or the Bank.
 (2)Payments and redemptions of the trust funds shall only be handled in NTD 
   instead of in foreign currency.
 (3)Data reporting: Authorized banks shall file reports in accordance with the 
   regulations prescribed by the Bank for the business of NTD 
   non-discretionary trust funds investing in foreign-currency denominated 
   securities.

〈Business of foreign-currency non-discretionary trust funds〉

                                                                        
10.Authorized banks approved to engage in foreign currency non-discretionary 
  trust funds investing in foreign-currency denominated securities shall abide 
  by the following provisions:
  (1)Trustors shall be limited to the followings:
   i.Counterparties listed under Subparagraph 1 of the preceding point.
   ii.A foreign natural person or a citizen of Mainland China who holds a 
    valid entry visa and has opened a foreign currency deposit account at 
    the authorized bank in accordance with the relevant account opening 
    regulations prescribed by FSC.
  (2)Trustors shall open foreign currency deposit accounts at the authorized 
   bank.
  (3)Payments and redemptions of the trust funds shall only be handled in 
   foreign currency instead of in NTD.
  (4)When the trustor is the beneficiary, the trustor's beneficial rights in 
   the trust may be pledged as the collateral for a foreign currency loan in 
   accordance with the Trust Enterprise Act and other relevant provisions.
 
  (5)Data reporting: Authorized banks shall file reports in accordance with the 
   regulations prescribed by the Bank for the business of foreign-currency 
   non-discretionary trust funds investing in foreign-currency denominated 
   securities.
  When an authorized bank engages in the business set out in Article 17-1 of the 
  Governing Regulations, the trustor shall be limited to those mentioned in 
  Subparagraph 1 of the preceding paragraph.
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