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Laws and Regulations Database of the Central Bank of the Republic of China-Circulars

Circulars

Summary:Primary Subject: Financial institutions that act as master agents of publicly offering offshore funds or domestic agents of privately placed offshore funds, shall comply with explanation 2. Please take note. Open new window for Chinese

Ref. No:94.8.16 Tai-Yang-Wai-(7)-Tze No. 0940037668

Subject:
The approval process  regarding foreign exchange related issues for a financial 
institution that acts as a master agent of an publicly offering offshore funds or a 
domestic agent of privately placed offshore funds.
Explanations:
1.This is done in accordance with Article 29, Paragraph 1 and Article 52, Paragraph
 7 of the Rules Governing Offshore Funds.
2.The approving procedures regarding foreign exchange issues for a financial 
 institution are provided as follows. Please advice your members.
 (1) The financial institution shall apply for the CBC’s approval by enclosing 
   the documents listed in the attachment before engaging in the business.
 (2) Once approved, the financial institution is not required to obtain separate 
   approval for each public offering and sales of other offshore funds issued 
   by the same offshore fund entity or by other offshore fund entities.
 (3) Once approved, the financial institution is not required to obtain separate 
   approval for each private placing of other offshore funds issued by the same 
   offshore fund entity or by other offshore fund entities.
 (4) Having been approved, the financial institution should  commence business 
   within six months. If the financial institution fails to meet the required 
   deadline, the CBC may abolish or revoke the approval; provided that, if there 
   is a legitimate reason, the financial institution may apply for a three month 
   extension, and only one such extension is permitted.

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