Title:Directions for the Central Bank of the Republic of China (Taiwan) to Govern Electronic Interbank Funds Transfer and Settlement Inactive Regulations
Announced Date:March 20, 1995
Date:June 29, 2015
I. General Provisions
1. The Central Bank of the Republic of China (Taiwan)(hereafter referred to as "the Bank") has prescribed these Directions for the purpose of governing electronic interbank funds transfer and settlement.
(1) Bank funds- reserve accounts A.
(2) Other financial institution funds.
(1) Financial institutions.
(2) Clearing Institutions.
4. The term "clearance" as referred to in these Directions shall mean the process of transmitting and processing payment instructions or securities exchange instructions between financial institutions and calculating the resulting net-credit or net-debit positions.
(1) Real-time gross settlement: payment instructions will be settled in real time on a transaction by transaction basis.
(2) Deferred net settlement: payment instructions will first be offset against each other and performed at designated times based on the resulting net credit and net debit positions.
(3) Other methods of settlements approved by the Bank.
6. The term "Clearing Systems" as referred to in these Directions shall mean the systems for carrying out the clearance of checks, electronic payments or securities between financial institutions.
7. The term "Online institutions" as referred to in these Directions shall mean institutions performing operations online through the "CBC Interbank Funds Transfer System" referred to under Direction 3.
8. The term "Transferor bank" as referred to in these Directions shall mean an institution making an outward transfer of interbank funds; "transferee bank" shall mean an institution receiving an inward transfer of interbank funds.
8-1. The term “securities settlement funds transfer” as referred to in these Directions shall mean transactions in which securities firms entrust a designated bank to transfer settlement funds to Clearing Institutions by using the CBC Interbank Funds Transfer System or in which Clearing Institutions transfer settlement funds to the bank designated by securities firms by using the CBC Interbank Funds Transfer System.
8-2. The term “credit card settlement funds transfer” as referred to in these Directions shall mean transactions in which issuers of credit cards or the designated banks by issuers transfer payables to Clearing Institutions or in which Clearing Institutions transfer receivables to acquirers or the designated banks by acquirers by using the CBC Interbank Funds Transfer System.
(1) Book balance: refers to the resulting book amount after a transaction has been executed and completed; if the book balance is negative, it indicates intraday overdraft.
(2) Available balance: refers to the total of book balance plus intraday overdraft granted by the Bank.
10. The term "queuing mechanism" as referred to in these Directions shall mean an operating mechanism, in case the available balance of a financial institution is insufficient to cover the payment specified in payment instructions, through which the Bank may base on the nature of transactions to assign them a class of priority and place them in the queue for processing, where they will be executed in order as soon as the available balance becomes sufficient for the deduction of payment.
11. Participants in the Clearing Institutions’ Clearing Systems (hereafter referred to as "Participant Entities") shall be limited to the following institutions:
(1) Financial institutions required to deposit reserves under the Central Bank of the Republic of China (Taiwan) Act.
(2) Securities firms approved under the Securities and Exchange Act that have applied to participate in the securities clearing system in accordance with Clearing Institutions operating rules.
(3) Other financial institutions or government bodies approved by the Bank.
(1) Real-time transfer: refers to a transaction that shall be executed immediately at the time it is received.
(2) Forward transfer: refers to a transaction that is held pending acceptance and shall be executed at the designated time.
13. Interbank funds settlement operations refer to the following operations:
(1) Payments of negotiable instruments.
(2) Settlements of net debit and net credit positions from the exchange of bills.
(3) Settlements of net debit and net credit positions through electronic payment or securities clearing system.
14. The interbank funds inquiry services shall allow online institutions to inquire about transaction details, account balances and other related information at any time during business hours.
15. Real-time transfers of interbank funds and encashments for negotiable instruments presented shall be executed only if the available balance at an account is sufficient for payment.
16. Online institutions shall use the "CBC Interbank Funds Transfer System" in accordance with the relevant Directions of the Bank.
Ⅱ. Application and Management
Section 1: Financial institutions
17. Financial institutions participating in the "CBC Interbank Funds Transfer System" shall first submit by mail two copies of the "Application for Participation in the CBC Interbank Funds transfer and Settlement System" (Form 1) to the Department of Banking of the Bank.
18. After the Bank has issued a letter of approval, the institution shall proceed with the following preparatory measures:
(1) Designation of staff responsible for an operation plan.
(2) Drafting a schedule for the implementation of the online operation plan.
(3) Preparation of hardware and software for online operations as per specifications of the Department of Information Management of the Bank.
(4) Application to arrange online operation tests in accordance with testing plan outlined by the Department of Information Management of the Bank.
(5) Consultation with the Department of Information Management of the Bank on other matters relating to the establishment of online connections.
(1) One operations director and one deputy operations director, responsible for assigning duties, security control and connections with the Bank.
(2) A team of two to ten authorized transmission staffs, responsible for the verification and transmission of various fund transfers and corrections, as well as deposit, pledge, and cancellation of collateral.
(3) A certain number of data entry personnel, responsible for entering fund transfer data, corrections, and information for inquiries.
23. In carrying out the procedures regulated under these Directions, all online institutions shall establish rigorous security control and instruction manuals in order to prevent abuse.
Section 2: Clearing Institutions
(1) A license or document showing the competent authority's approval for establishment.
(2) The articles of institution.
(3) The institution's operating rules.
(4) A description of its clearing system (including computer hardware and software, network structure, security control, and business continuity plan).
(5) A corporate governance statement: including ownership structure, composition of the board of directors /supervisors, powers and responsibilities of the management and the board of directors, checks and balances for decision making (such as internal control improvement, risk management and audit system) and mechanisms which make the management responsible for its performance (such as business goals and how to achieve such goals, how to disclose the achievement of goals to the shareholders, users and the competent authority on behalf of public interests).
(6) A commitment to abide by these Directions and other relevant provisions.
25. The operating rules referred to under Subparagraph 3, Paragraph 1, Direction 24, shall include the following:
(1) Standards for the review and acceptance of Participant Entities.
(2) The rights and obligations existing between Participant Entities and between Participant Entities and Clearing Institutions.
(3) Items of business and operating hours.
(4) Settlement methods, times, and operational flows.
(5) Risk management measures for payment and settlement.
(6) Procedures for dealing with errors or negligence in the transmission of payment information.
(7) Disaster preparedness measures.
(8) Other matters related to information exchange between financial institutions.
26. The Bank may withhold approval when a Clearing Institution applying to handle settlement lacks any of the following qualifications:
(1) Sound and effective operating rules.
(2)Transparency in information sufficient to allow Participant Entities to understand related risks and responsibilities.
(3) Clear risk management procedures.
(4) An system designed to ensure the smooth completion of each day's settlement procedures.
(5) Fair and open standards for participation.
(6) Security and back up measures to ensure the stability of operations.
27. The risk management procedures of a Clearing Institution applying to the Bank to employ deferred net settlement procedures shall include the following:
(1) Risk limit: including the establishment of a bilateral credit limit between Participant Entities and maximum net-debit limit for each Participant Entity.
(2) Risk collateral: including the standardization of guarantees or collateral items to be deposited by Participant Entities and a mechanism for shared distribution or liability for loss.
(3) Follow-up procedures: including procedures for the completion of clearance after the occurrence of the risk event and for sharing any loss.
(1) Electronic fund transfers for transactions above a specified amount.
(2) Securities transactions settled with delivery-versus-payment.
(3) Foreign exchange transactions involving a foreign currency and New Taiwan Dollar settled with delivery-versus-payment.
(1) Any changes in the Articles of Incorporation or organization;
(2) Suspension of business operation;
(3) Merger or dissolution;
(4) Transfer of the whole or any part of its business or assets;
(5) Acceptance of transfer of another’s business or assets in whole or in part;
(6) Engagement or investment in other businesses;
(7) Establishment or closure of a branch office or other business sites; and
(8) Other matters as prescribed by the Bank.
(1) merger plan: specifying the preliminary assessment of the decision to merge, the merger organization structure, the scheduled timing for the merger, the description of the business differences (description of differences in scope of business, principles and concrete matters concerning performance before the merger as distinguished from business conduct after the merger as well as the synergy of the merger), Computer system operation models and the impacts on Participant Entities and financial system.
(2) A corporate governance statement: including ownership structure, composition of board of directors /supervisors, powers and responsibilities of the management and the board of directors, decision making process, system of checks & balances, separation of powers (such as internal control improvement, risk management and audit system) and mechanism which make the management responsible for its performance (such as business goals and how to achieve such goals, how to disclose the achievement of goals to the shareholders, users and the competent authority on behalf of public interests).
(3) A business continuity plan of system operations (including backup facilities, risk management and contingency planning in response to different emergency conditions).
(4) Other documents as prescribed by the Bank.
30. A Clearing Institution shall conscientiously apply a sound system of internal controls and auditing with respect to check clearance, electronic payments or securities operations between Participant Entities, and shall attend to improving the assessment of employees' ethical standards.
31. A Clearing Institution shall provide information online as required by the Bank ; the Clearing Institution shall also prepare statistical statements on a regular basis for submission to the Bank.
32. The Bank may, whenever necessary, dispatch personnel to inspect business functions with respect to the clearance of checks, electronic payments or securities between Clearing Institutions; a Clearing Institution shall cooperate during such inspections.
33. A Participant Entity shall open a deposit account at the Bank or an agent bank designated by the Bank for settlement; provided that if a Participant Entity is unable to open a deposit account at the Bank or an agent bank designated by the Bank, such Entity may apply to a Clearing Institution to entrust a Clearing Bank to use the deposit account at the Bank opened by such Clearing Bank for settlement.
34. A Participant Entity shall seek to enhance the maintenance and management of computer and information facilities in order to ensure the smooth operation of the system; the Participant Entity shall also adopt concrete and effective safety and back up measures in order to avoid affecting the rights and interests of clients due to system breakdowns or service interruptions.
35. A Participant Entity providing check clearance, electronic payments or securities fund-leg transfer services for financial institutions may not violate the relevant consumer protection regulations.
37. If a Clearing Institution's conduct is in violation of these Directions or if the Bank determines that other matters have disrupted clearing systems for checks, electronic payments or securities, the Bank may, as warranted by the particulars of the situation, terminate or suspend for a given period the provision of settlement services or take other appropriate measures.
Ⅲ. Interbank Funds transfer
38-1. If an interbank fund transfer relates to a securities settlement, it can only be processed with a real-time transfer. Each instruction shall include the items prescribed in paragraph 1, Direction 38, and additional information such as the transferor or the transferee securities firm’s account number, account name, or code.
39. The Bank may, if necessary, stipulate a minimum amount for each interbank fund transfer.
40. Once a real-time transfer transaction is accepted by the Bank, the account transfer will be executed immediately and irrevocably if the available balance of the transferor bank is sufficient for payment. After the execution, the Bank will simultaneously inform both parties of the transaction as well as record the resulting book balance. However, if the available balance of the transferor bank is insufficient for payment, the said transaction shall be alternatively processed through the queuing mechanism.
41. Once a transaction is accepted by the Bank, if the available balance of the transferor bank is insufficient for payment, the Bank shall assign one of the following classes of priority to the said transaction, and process it through the queuing mechanism:
(1) First class: Funds payable by the financial institution to the Bank.
(2) Second class: Negotiable instruments for clearing payable by a financial institution, the net amount payables for negotiable instruments cleared by the clearing house, securities settlement funds transfers, credit card settlement funds transfers or funds appropriated to the "interbank funds transfer guarantee special account" by the financial institution.
(3) Third class: Funds for forward transfers to repay interbank call loans when due.
(4) Fourth class: Funds transfers between financial institutions as well as other payments.
46. If an offline institution sends its staff bearing negotiable instruments to the Bank to process fund transfers, in all cases the transfers will be processed on a real-time basis. However, if the available balance of the transferor bank is insufficient for payment, it will not be placed in queue and the negotiable instrument will be returned on the spot. The staff sent to conduct the transfer shall wait for the processing result before they leave.
47. In order to avoid the delay of processing payment instructions, the Bank may set up criteria to require the financial institutions to ensure that a certain proportion of their outgoing payments are processed before a specified time each day.
(1) For payments due to the Bank from an online institution, except where other laws or regulations stipulate payment through the issuance of a note with the Bank as the payer, the online institution may transfer funds from its account in the “CBC Interbank Funds Transfer System” to the account designated by the Bank or have a deduction made from its own account by the Bank in accordance with prior agreement.
(2) For payments due to an online institution from the Bank, the Bank shall transfer funds into the online institution's account.
49. Where a transferor bank transmits fund transfer information and fails to receive a return confirmation from the Bank for an inordinate amount of time, it shall trace the transaction, and where the transaction order has not been successfully transmitted, the online institution shall retransmit the information.
Ⅳ. Interbank Funds Settlement
Section 1: Electronic payment and settlement
Section 2: Negotiable instruments clearing and settlement
Section 3 Securities Funds Settlement
53-1. Paragraphs 1,3,4,5 of Direction 50, and Direction 51 shall apply mutatis mutandis to securities funds settlement.
53-2. A Clearing Institution applying to the Bank for settlement of funds under delivery-versus-payment arrangements for securities transactions in accordance with subparagraph 2, paragraph 1, Direction 28 shall transmit transaction-by– transaction or the netting balance of each transaction cleared in accordance with the offsetting mechanism to the Bank for settlements.
Ⅴ. Accounting Information Inquiries
54. No further receipts shall be issued for any remittances into interbank funds deposit accounts following the issuance of a notification through the CBC Interbank Funds Transfer System.
56. An online institution shall print out a closing ledger after each daily closing of accounts, and shall verify each transaction individually. Where discrepancies are found, the System User shall immediately notify the Department of Banking of the Bank and jointly track the discrepancy. Where no opposition is offered within three business days beginning from the day after the transaction date, the transaction will be considered confirmed, except for those handled in accordance with the provisions of Direction 59 or 60 herein.
Ⅵ. Handling of Breakdowns
57. Where there is a breakdown or interruption to connections in the Bank's central server system resulting in the inability to carry out online procedures, the Bank may, after the restoration of service, consider extending the normal period of operations in view of the length of the interruption and business conditions.
58. If the computer equipment of an online institution breaks down or connections are interrupted, the user shall notify the Department of Information Management of the Bank and work out a solution together. The online institution may not immediately resume use of the CBC Interbank Funds Transfer System for transfers of funds, but shall dispatch personnel to the Bank to carry out transfers in person.
59. When a breakdown of the CBC Interbank Funds Transfer System or an error by operation personnel results in interbank fund transfers at variance with the original receipts, the Bank will effect correction in accordance with the relevant accounting regulations. The Bank shall not be liable for any resulting influence on or adjustment of deposit reserves.
60. When an interbank fund transfer initiated by a transferor bank is at variance with the original receipts, the transferor bank shall notify and make arrangements with the transferee bank to make correction by a reverse transfer or to make adjustments through other means. The transferee bank shall act in good faith to resolve the situation on the day it receives the notification.
Ⅶ. Fees
Ⅷ、 Operation Schedules
Ⅸ、 Transitional Provisions
64. Where prior to the amendment of these Directions, if a Clearing Institution has used the "CBC Interbank Funds Transfere System" for interbank funds settlement or used its Electronic Payment System in a manner not conforming to these Directions, it shall make rectification or adjustments within the time limit set by the Bank.