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

Title:Directions for the Operation of Book-Entry Central Government Securities Open new window for Chinese

Announced Date:August 06, 1997

Date:November 25, 2015

[Law Basis] [Print]
3.
Book-entry CGS are in registered form, and the particulars of purchase, transfer, trust, lodgement, depository of reserves, pledge, and serving as public guarantee shall be registered in accordance with these Directions. Unless duly registered, protestation against a third party shall not be provided.
4.
Terms in these Directions are defined as follows: (1)“Book-entry CGS” refers to central government bonds issued in registered form (hereinafter   referred to as “book-entry CGBs”) in accordance with Article 6 of the Central Government   Development Bonds and Loans Act, and treasury bills issued in registered form (hereinafter   referred to as “book-entry treasury bills”) in accordance with Article 5 of the Treasury   Bills and Short-term Loans Act. (2)“Exchangeable bonds” refer to book-entry bonds which may be exchanged for stocks held by   the central government (hereinafter referred to as “government-held stocks”), the   government repays with government-held stocks or the principal to the bonds holders based   on the terms of the agreement. (3)“Strippable bonds” refer to interest-bearing government bonds made up of interest and   principal payments that can be separately traded as announced by the Ministry of Finance. (4)“Separate Trading of Registered Interest and Principal of Securities (STRIPS) ” refers   to “coupon STRIPS” and “principal STRIPS”, that are zero coupon bonds derived from   strippable bonds and traded separately with no interest payment but repaid at par value   at maturity. (5)“Clearing banks” refer to banks and Chunghwa Post Co., Ltd. appointed by the Bank to   handle registrations, transfers, associated fund settlements, as well as payment of   maturing principal and interest of book-entry CGS. (6)“Registration institutions” refer to Department of the Treasury and Department of Banking   of the Bank (hereinafter referred to as “Department of the Treasury” and “Department of   Banking”), and clearing banks that perform registration of book-entry CGS. (7)“Own account” refers to the securities account owned by the Bank or a clearing bank in   its own book. (8)“Customer account” refers to the securities account owned by a corresponding customer   at the Bank or a clearing bank. (9)“Transfer registrations” refer to the registrations of inward or outward title transfers   of book-entry CGS carried out due to purchase, trading, succession, gift, trust, or other   reasons. (10) "Lodgement registrations" refer to the registrations of inward or outward possession   transfers of book-entry CGS when the underlying securities serve as the lodgement objects   deposited with the Court. (11) "Return registrations" refer to the registrations of inward or outward possession   transfers of book-entry CGS when the underlying securities serving as the lodgement object   deposited with the Court are returned to the original depositor or delivered to a third   party. (12)“Restricted transfer registrations” refer to the registrations of restricted inward or   outward transfers without changes in book-entry CGS ownership, such as pledge   registrations, public guarantee registrations (where duly deposited in the Bank, the   Treasury, or a bank to serve as a guarantee), or reserves deposit registrations (where   duly deposited in the Bank to serve as trust fund reserves or indemnity reserves). (13)“Revocations with ownership transfers” refer to a third party applying to a clearing   bank for revocations of original registrations and for registrations of inward or outward   transfers of securities ownership when the securities serve as public guarantees or   depository reserves and should be transferred to the third party under a court order of   compulsory enforcement. (14)“Cancellations with ownership transfers” refer to a buyer of securities applying to a   clearing bank for cancellations of original certificates and for inward or outward   transfers of securities ownership when the securities are the underlyings of an issued   repurchase transaction (repo) certificate and the repo seller has not carried out   cancellations of the original certificate with the clearing bank prior to the prescribed   time on the maturity date of transactions such that the securities may be transferred   to the repo buyer. (15)“Intrabank transaction registrations” refer to various registrations performed between   two trading parties whose securities accounts are maintained at the same registration   institution. (16)“Interbank transaction registrations” refer to various registrations performed between   two trading parties whose securities accounts are maintained at different registration   institutions. (17)“Par value” refers to the registered value of book-entry CGS. The minimum registration   unit is NT$100,000 and other units used must be multiples of NT$100,000. (18)“Transferable balance” refers to the balance of a clearing bank securities account at   Department of the Treasury after subtracting the balance of interbank restricted outward   transfer registrations. (19)“Disposable balance” refers to the balance in a clearing bank’s own securities account   or its customer’s securities account after subtracting the balance of restricted outward   transfer registrations, repo certificates issued by the clearing bank, and other intrabank   deductible balances. (20)“Transactions accompanied by payment” refer to book-entry CGS transactions accompanied   by payment made for awarded securities, buybacks, delivery-versus-payment transfers,   payment of principal and interest, as well as the collection of interbank transfer fees   and disbursement of payment processing fees by the Bank.
7.
In order to perform various securities registrations, a natural person or a 
juristic person shall open a securities account and a demand deposit account at a 
clearing bank;A clearing bank shall open a securities account at Department of the 
Treasury.
When applying to open a securities account or a cash account, amend basic 
information of an account, or close an account, the applicant shall fill out an 
Application for Opening/ Amending / Closing CGS Account Form (Form 1);  When 
applying to open an account, a Seal Impression Card (Form 2) shall also be filled 
out.
For the purpose of performing trust registration of the Securities, a trustee shall
open an extra securities trust account and an extra deposit trust account with the 
clearing bank.
34.
The transferor bank, when sending instructions such as interbank transaction transfer, exchange for government-held stocks and bond stripping or bond reconstitution, shall proceed in accordance with the following instructions: (1) Transfer registration: The messages shall be classified into delivery-   versus-payment and free-of-payment, and shall include the transaction   serial number, the transferor bank, the securities account number of the   transferor, the account name of the transferor, personal ID number (profit-   seeking enterprise uniform number) of the transferor, the transferee bank,   the securities account number of the transferee, the account name of the   transferee, personal ID number (profit-seeking enterprise uniform number)   of the transferee, the securities code, and the amount of securities;   delivery-versus-payment transfers shall include additional information on   cash account number of the transferor, cash account number of the   transferee, and the amount of funds. Transfer registrations arising from a   trust, shall also include relevant information on the establishment or   termination of the trust. (2) Restricted transfer registration: In addition to the provisions on free-of-   payment transfer messages prescribed in the preceding subparagraph apply   mutatis mutandis to restricted transfer registration, messages of whether   there is a pledge default agreement, interest beneficiary and the type of   restricted transfer registration shall be also included. (3) Lodgment registration and return registration: The provisions on free-of-   payment messages prescribed in subparagraph 1 hereof shall apply mutatis   mutandis to information to be included in the message. (4) Exchange of government-held stocks: The messages shall include transaction   serial number, the transferor bank, the securities account number of the   transferor, the account name of the transferor, personal ID number (profit-   seeking enterprise uniform number) of the transferor, centralized   depository account number of the transferor, the securities code, the   amount of the securities, the exchange price, the securities code of the   underlying stocks, the number of stocks exchanged, and the amount payable   for odd stocks. (5) Bond stripping or bond reconstitution: The messages shall include   transaction code, transferor bank, securities account number of the   transferor, profit seeking enterprise uniform number of the transferor,   centralized depository account number of the transferor, the security code,   the amount of the securities, and attached coupon series;Bond stripping   shall also include other relevant information such as the interest income   accrued before stripping and the amount of tax withheld.
45.
Each day at the close of operations, a clearing bank shall print a “Trading of CGS” (Form 24), a “Trust of CGS”(Form 24-1), a “Balance of CGS” (Form 25), a “Daily Statement for the Exchange of Exchangeable Bonds” (Form 26), a “Daily Statement for Redemption at Holders’ (issuer’s) Option of Exchangeable Bonds” (Form 27), and a “Holding Analysis of Exchangeable Bonds” (Form 28), and a“ Daily Statement for Bond Stripping/Reconstitution” (Form 29) to be sent to the Bank for its files; the Bank will compile and print an “Aggregate Statement of Trading of CGS” (Form 30), an “Aggregate Statement ” for Trust of CGS”(Form 30- 1), an “Aggregate Statement for Balance of CGS”(Form 31), an “Aggregate Statement for Exchange of Exchangeable Bonds” (Form 32), an Aggregate Statement for the Redemption at Holder’s (Issuer’s) Option of Exchangeable Bonds” (Form 33), a “Aggregate Holding Analysis of Exchangeable Bonds ”(Form 34), and an “Aggregate Daily Statement for Bond Stripping/ Reconstitution” (Form 35).
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