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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content
[Law Basis] [Print]

Section 10  Private Placement of Offshore Funds

Article 44  
When a securities enterprise intends to act as the local mandated agent of an offshore fund institution and conduct private placement to specified counterparties (hereinafter referred to as “offshore fund private placement business”), the securities enterprise shall apply to the Bank for approval by submitting documents provided in Article 6 herein, and in addition, the following documents: 1.A statement to comply with the provisions in Article 52 of the Regulations Governing  Offshore Funds. Such statement is not required if the counterparties are entities  provided in Subparagraph 1, Paragraph 1, Article 52 of the Regulations. 2.Business plan (including business introduction, primary data of the offshore fund,  operating and receipt/payment procedure).

Article 45   
All receipt/payment for settlement and fees between the local mandated agent of a privately placed offshore fund and the counterparties shall be made in the denominated currency of the fund. When the local mandated agent of a privately placed offshore fund purchases fund shares from the offshore fund institution, it shall do so in the name of the counterparty. When the offshore fund institution reports to the institution designated by the FSC within five days from the date that the price of the privately placed offshore funds has been paid in full, it shall send a copy of the report to the Bank.
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