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Article 1
These Regulations are prescribed pursuant to Paragraph 2,
Article 35 of the Central Bank of the Republic of China（Taiwan）Act.
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Article 2
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The term “foreign exchange broker” as used in these Regulations shall mean a
profit-seeking business permitted by the Central Bank of the Republic of China(Taiwan)
(hereinafter referred to as the Bank) after consulting with the Financial Supervisory
Commission, Executive Yuan (hereinafter referred to as the “FSC”)and having a
business license issued by the FSC to engage in part or all of the following brokerage
businesses:
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1.Buying and selling foreign exchange;
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2.Foreign currency call loans;
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3.Foreign exchange swaps; and
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4.Other foreign exchange business permitted.
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With the approval of the Bank, in consultation with the FSC, a foreign
exchange broker may also conduct the New Taiwan dollar intermediary business related
to items referred to in the preceding paragraph.
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No intermediary business related to the preceding two paragraphs shall
be proceeded without permission.
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Article 3
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A foreign exchange broker may conduct intermediary business with
the following entities:
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1.Domestic and foreign banks; and
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2.Other financial institutions approved by the Bank after consulting
with the FSC.
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Article 4
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A foreign exchange broker shall be incorporated as a company limited by shares
or the branch office established by an overseas money broker within the territory
of the Republic of China (hereinafter referred to as the “overseas money broker”)
The minimum registered capital or operation funds shall be not less than 100 million
New Taiwan dollars.
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The aforesaid minimum registered capital or working capital shall be collected
(prepared) in full prior to the commencement of business.
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Article 5
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For foreign exchange brokers, the investment ceiling of an investor in
a foreign exchange broker shall conform to the following provisions:
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1.The holding of a single domestic or foreign financial institutions
engaging in deposit and lending business shall not exceed 10% of the total
capital of said foreign exchange broker; and
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2.The holding of a single domestic or foreign investor other than
financial institution shall not exceed 20% of the total capital of said
foreign exchange broker.
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The provisions in the preceding paragraph do not apply to international
money brokerage firms that are permitted to invest by the Bank.
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Article 6
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For the establishment of a foreign exchange broker, an applicant shall apply
to the Bank for permission by submitting an application form stating the
following particulars:
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1.The name and organization structure of the prospective foreign exchange
broker;
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2.Total registered capital or operation funds of the branch office
within the territory of the Republic of China;
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3.Business plan;
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4.Location of the company;
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5.The name, place of birth, home address and curriculum vitae, and amount
of shares subscribed of each promoter or responsible persons of the branch office, and
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6.Other information required by the Bank.
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If any part of the application form in the preceding paragraph is incomplete or
inconsistent with relevant provisions of these Regulations, the Bank may ask the
applicant to resubmit the correct data within a prescribed period of time, and
may reject the application if the applicant fails to do so within the time period
prescribed.
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Article 7
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Foreign exchange broker shall prepare in full amount of the minimum
registered capital within six months after obtaining permission from
the Bank, and apply for the certificate of company registration from
Ministry of Economic Affairs. Within three months after completing company
registration, a foreign exchange broker shall submit the following documents
to apply for a business license from the FSA:
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1.Approved documents from the Bank;
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2.Certificate of company registration;
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3.Certificate of capital verification;
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4.Articles of incorporation;
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5.Shareholders’ register and minutes of shareholders’ meetings;
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6.Directors’ register and minutes of meetings of the board of directors;
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7.Managing directors’ register and minutes of meetings of managing directors;
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8.Supervisors’ register and minutes of meetings of supervisors; and
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9.Other documents required by the FSC.
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Overseas money broker shall prepare in full amount of the minimum
operation funds within six months after obtaining permission from
the Bank, and apply for approval of recognition and branch registration
of foreign company from Ministry of Economic Affairs. Within three months
after completing company registration, an overseas money broker shall
submit the following documents to apply for a business license from the FSA:
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1.Approved documents from the Bank;
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2. Certificate of approval of recognition and branch registration
of foreign company;
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3. Certificate of the verification of remittance to fund working
capital used within the territory of the Republic of China;
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4. Other documents required by the FSA.
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Before the deadlines for completing company registration or business
license application prescribed in the preceding two paragraphs, the
applicant may request for an extension; only one extension may be granted
and the extension shall not exceed three months.
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Article 8
A foreign exchange broker that intends to make a change in the particulars
stated in Subparagraphs 1, 2 or 4 of Paragraph 1, Article 6 herein shall apply
to the Bank for approved, register the change, and apply to the FSC for a new
business license.
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Article 9
The Bank, before approving a case, shall consult the FSC pursuant to
Articles 6 and 8, herein and shall send a carbon copy of the permission
to the FSC afterwards.
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Article 10
The Bank, before approving a case, shall consult the Ministry of Finance pursuant
to Articles 6, 8 and 9, and shall send a copy of the permission to the Ministry of
Finance afterwards.
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A foreign exchange broker shall report to the Bank for reference and
send the FSC a carbon copy of the report in any of the following situations:
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1.Commencement, suspension, resumption or termination of business;
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2.Changing a director, a supervisor or the responsible person of the
branch office of the overseas money broker;
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3.Merger or dissolution;
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4.Involved in any litigation that arises from the business; and
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5.Other matters stipulated by the Bank.
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Article 11
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A foreign exchange broker is required to set aside reserves against
losses from incorrect execution of order on a monthly basis.
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The aforesaid reserves may not be drawn on except for offsetting losses
incurred from incorrect execution of orders or with the approval of the Bank.
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Article 12
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Senior dealers of a foreign exchange broker shall meet at least one
of the following requirements:
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1. Having worked for more than a year as a dealer in a reputable
overseas or domestic foreign exchange broker;
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2. Having worked for more than two years as a dealer in an overseas
or domestic bank or having had a job relevant to the foreign exchange
business for more than four years; and
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3. Having the approval of the Bank.
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At least half of the dealers of a foreign exchange broker shall be
senior dealers. A foreign exchange broker shall inform the Bank of changes
of associated dealers.
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Article 13
The staff of a foreign exchange broker shall provide transaction-related
information to customers and conduct business in accordance with the principle
of good faith. Unless otherwise provided by law or the Bank, the staff of a
foreign exchange broker may not disclose business data of customers.
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Article 14
A foreign exchange broker shall report the daily turnover to the Bank
at the end of each business day, and file a monthly report with the Bank
at the end of each month. The Bank shall provide, on a quarterly basis,
information about the business of foreign exchange brokers to the FSC
for reference.
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Article 15
The Bank may examine and audit the business or books of a foreign
exchange broker , or request a foreign exchange broker to submit related
reports or documents so as to maintain the market order.
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Article 16
The Bank may examine and audit the business or books of a foreign exchange broker
, or request a foreign exchange broker to submit related reports or documents so as
to maintain the market order.
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After consultation with the FSC, the Bank may revoke or void the license
of any foreign exchange broker if any of the following violations has occurred:
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1. After being approved by the Bank, the foreign exchange broker
fails to complete the relevant company registration and apply for
business license within the prescribed period specified in Article 7;
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2. The foreign exchange broker fails to begin business operation
within six months after being issued a business license by the FSC;
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3. The foreign exchange broker seriously violates the provisions of
these Regulations, or fails to improve within the period designated by the Bank;
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4. After being issued a business license, the foreign exchange broker
is found to have submitted false information that constitutes a serious
violation in its application; and
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5. The foreign exchange broker suspends its operation, is dissolved,
declares bankruptcy, or undergoes reorganization ; and
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6. There is evidence indicating that the foreign exchange broker’s
business operations may be unsound, or that it is unable to meet financial
policy
requirements.
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Article 17
These Regulations shall become effective on the date of promulgation.
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