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

Section 2: Negotiable instruments clearing and settlement

52.

52. Where the available balance of an "interbank funds account" is insufficient to cover the payment for negotiable instruments presented for clearing, the Bank shall process the transaction through the queuing mechanism and simultaneously notify the online institution that issued the said negotiable instruments. The online institution is required to immediately make up the difference upon receiving the notification.

For dishonored negotiable instruments, if sufficient funds are not replenished by 3:30 in the afternoon, they shall be returned in accordance with pertinent rules.

53.

53. For daily clearance and settlement of negotiable instruments, Participant Entities shall immediately replenish sufficient funds for payment upon receiving an advance notification of their balance payable; check clearing institutions shall, at the designated time, deduct the balance payable from the non-interest-bearing reserve account of the Participant Entity and transfer the funds into its settlement account opened at the Bank.

The “Designated Time” as referred to in the preceding paragraph shall be coordinated and determined by and between the check clearing institution and the Participant Entity, and reported to the Bank for record.

Check clearing institutions shall monitor whether any Participant Entity fails to replenish sufficient funds for balance payable, promptly remind and urge such Participant Entity to replenish funds, and keep track of whether the Participant Entity has funds to be transferred in.

Check clearing institutions shall not post the balance receivable of a Participant Entity to its non-interest-bearing reserve account until having completed the deduction and transfer procedures in accordance with Paragraph 1 hereof.

If a Participant Entity is unable to pay the balance payable in whole or in part, check clearing institutions shall complete the day’s settlement operation in accordance with Article 18 of the “Regulations Governing the Business of Negotiable Instruments Exchange and Clearance of Accounts among Banks.”

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