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Laws and Regulations Database of the Central Bank of the Republic of China-Clause View
25.

25. Under any of the following circumstances, the Bank may consider requiring a dealer to post a deposit:

(1) Without positive net income after taxes in the latest fiscal year.

(2) Where a dealer’s actual paid-in capital is below NT$1 billion or net worth per share is below par value.

The deposit referred to in the preceding Paragraph shall only be offset by book-entry central government securities with the performance of public guarantee registration.

Where a dealer fails to post a deposit within the prescribed period of time and in the prescribed manner or a deposit posted is insufficient, the Bank may suspend its participation in auctions until the deposit is made or replenished.

A successful bidder who fails to deliver the payment for central government bonds and thus causes the price of the second auction being lower than the original price shall be liable for the difference and any expenses from the second auction.

The difference and any expenses referred to in the preceding paragraph shall be guaranteed and paid off in a deposit posted pursuant to paragraph 1; if there is any shortfall, a successful bidder shall still be liable for it.

Under any of the following circumstances and without the difference and any expenses payable, a dealer may request the Bank to return its deposit posted in accordance with paragraph 1; where there is payment in accordance with the preceding paragraph, the return of the balance may only be requested:

(1) A dealer having been free of any of circumstances prescribed in the Subparagraphs of the Paragraph 1.

(2) The dealer’s commission having been terminated by the Bank.

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