Summary:Interpretation on whether time deposits already pledged can be deducted from the liabilities of liquid reserves.
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.