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Summary:Interpretation on whether time deposits already pledged can be deducted from the liabilities of liquid reserves. Open new window for Chinese

Ref. No:1999.5.20 (88)Tai-Yang-Ye-Tze No. 0200669

Subject:
Please be informed that Explanation 2 and 3 of this Letter respond to the inqury 
from your branch whether, if a customer pledges his/her time deposits with the bank 
for the issuance of a Letter of Credit or Letter of Guarantee, or provides time 
deposits of another person to the bank as collateral to borrow money from the same 
bank, such time deposits can be deducted from the liabilities of liquid 
reserves.

Explanations:
1.This Letter responds to a letter of your bank, dated May 7, 1999 (Ref. No. (88) 
 Feng-049).
2.According to Subparagraphs 3 and 4 of Direction 2 of the "Directions for 
 Auditing Liquidity of Financial Institutions", time deposits used in calculating 
 the liabilities of liquid reserves shall be the net amount of the time deposits 
 minus the amount pledged. Using time deposits with the bank as collateral for the 
 issuance of a Letter of Credit or Letter of Guarantee is not the same as pledging 
 time deposits for the purpose of borrowing and therefore the time deposits in 
 question cannot be deducted from the basis for calculating liabilities of the 
 liquid reserves.
3.With respect to whether time deposits can be deductd from calculation of 
 liabilities of the liquid reserves if a customer pledges the time deposits of 
 another person with the bank to borrow money, it is noted that a condition for 
 borrowing against time deposits is that the borrower must be the same person as 
 the depositor in accordance with Article 2 of "Regulations Governing the Pledge 
 and Early Termination of Time Deposits", Therefore, a customer providing time 
 deposits of another person against which to borrow does not meet the condition of 
 pledge. According to the provisions of the "Directions for Auditing Liqudity of 
 Financial Institutions", such pledged time deposits cannot be deductd from 
 calculation of liabilities of the liquid reserves either.

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