Laws and Regulations Database of the Central Bank of the Republic of China(Taiwan)

1. This Regulations are promulgated pursuant to Articles 28, 29 and 31 of The Central Bank of the Republic of China(Taiwan)Act and Paragraph 2, Article 37 and Article 40 of the Banking Act of the Republic of China.

2. The terms used in these Regulations shall have the following meanings:

(1) "Financial institutions" shall include domestic banks, branches of foreign banks in Taiwan, credit cooperatives, Agricultural Bank of Taiwan, credit departments of farmers’ associations, credit departments of fishermen's associations, ChunghwaPost Co., Ltd., and insurance companies.

(2) "Specific areas" shall include Taipei City and 13 other districts in New Taipei City covering Banciao District, Sanchong District, Jhonghe District, Yonghe District, Sinjhuang District, Xindian District, Tucheng District, Lujhou District, Shulin District, Sijhih District, Sansia District, Linkou district and Danshuei District.

(3) "Housing loan" shall mean a mortgage extended by a financial institution to borrowers for purchasing a house (land included) located in specific areas where the title deed of the house contains the wording "(residential)".

(4) "Land loan" shall mean a loan extended by a financial institution to borrowers that is secured by land in a residential district or a commercial district designated under urban planning.

(5) “Borrower” shall mean individuals and corporate body.

3. Before extending a housing loan to an individual, the financial institutions should make inquiry with the Joint Credit Information Center (hereinafter the “JCIC”) on the loan applicant. If the loan applicant already has one or more loans secured on his/her house (land including) and the secured loan has a classification code of "1" (real estate purchase), the terms of the loan for the applicant shall be subject to the following restrictions:

(1) No grace period is allowed;

(2) The maximum loan-to-appraised value ratio shall not exceed 60 percent.

(3) The loan amount mentioned in the preceding subparagraph may not be increased for reasons of home renovation obtaining, working fund or for any other purposes.

4. The conditions for housing loans extended by a financial institution to corporate body shall be subject to the provisions set forth in the Subparagraphs of the foregoing Direction.

5. The conditions for land loan extended by a financial institution shall be subject to the following restrictions:

(1) The financial institution may not accept land as security for a land loan if the borrower has not submitted a concrete construction plan for the land.

(2) The maximum amount of loan shall not exceed 65 percent of the land acquisition cost or its appraised value, whichever is lower and 10 percent of the extended loan shall not be disbursed until the borrower has commenced construction.

(3) The loan amount mentioned in the preceding subparagraph may not be increased for reasons of working fund or other purposes.

The provision of holding 10 percent of the loan until the borrower has commenced construction mentioned in Subparagraph 2 of the preceding Paragraph does not apply to the following circumstances:

(1) The land is associated with an urban renewal project approved by the competent authorities; or

(2) The land is associated with a government or self-initiated land consolidation project already approved by the competent authorities but not yet completed.

If the borrower who is not involved in investing or purchasing real estate or house construction applies for a land loan as working fund for regular business operation, such loan is not subject to the restrictions set out in Paragraph 1 hereof, provided the borrower has submitted a concrete operational plan.

6. Financial institutions shall conduct the appraisal for housing loans and land loans in accordance with its internal lending rules and the provisions set forth by the competent authority.

7. Housing loans and land loans that have already been approved by the financial institutions but not yet disbursed prior to December 30, 2010 may be processed according to the original loan terms, without being subject to the restrictions under the Regulations.

8. Financial institutions shall file reports on their housing loans and land loans books periodically in accordance with the form set forth by the Bank.

9. The provisions in the preceding four Directions shall apply mutatis mutandis to short-term notes and bills business of bills finance companies where the issued short-term note or bill is secured by land in the residential district or the commercial district designated in urban planning.