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

Circulars

Summary:Primary Subject: From the issuance date of this letter, an Authorized Bank is permitted to apply for engaging in the foreign currency climate options business. Please take note. Open new window for Chinese

Ref. No:93.10.26.Tai-Yang-Wai-(7)-Tze No. 0930050886

Subject:
 From the issuance date of this letter, an Authorized Bank is permitted to apply 
for engaging in the foreign currency climate options business. Please take 
note.
Explanations:
1.Each Authorized Bank shall submit the relevant documents to apply for engaging in 
 this business in accordance with Article 13 of the“Regulations Governing 
 Foreign Exchange Business of Banking Enterprises”announced by the Central Bank
 of China (“CBC”).2.When engaging in this business, the Authorized Bank is 
 required to comply with the followings:
 (1) Initially, counterparties shall be limited to domestic or foreign legal 
   entities, pricing must be done in foreign currencies and a Taiwan or 
   global climate index must be used the underlying index.
 (2) A climate index must meet the followings conditions: public, fair, objective 
   and characterized by information symmetry information. When taking the Taiwan
   climate index as the underlying index, the Authorized Bank is required to use 
   climate information confirmed by public, fair and objective institutions by 
   means of formal negotiations as a basis for the evaluation and clearing of 
   Taiwan climate options. The relevant documents shall be reviewed by lawyers 
   for authentication.
 (3) When engaging in this business, the Authorized Bank is required to establish 
   sound internal controls and audits, and the department responsible for risk 
   management shall control price making and subsequent evaluation measures to 
   enhance risk management. The accounting records shall be complied in 
   accordance with generally accepted accounting principles and related laws and 
   regulations, and the trading information shall be fully disclosed.
 (4) The Authorized Bank is required to make a risk disclosure to clients and to 
   fully notify clients of the contents and methods and other relevant points 
   regarding the determination of price and subsequent evaluation to reach an 
   agreement. The trader shall confirm in the risk disclosure statement that 
   he/she has obtained a full explanation and understanding of the calculated 
   price and subsequent evaluation methods regarding climate information, 
   parameters and indices and other relevant information regarding the 
   determination of price.
 (5) The trading volume for this business shall be filled out in the “other 
   matters” section in the “monthly report of new financial products business 
   in foreign currencies only” and the name of climate options shall be 
   specified.  The report shall be submitted to the Licensing Section of the 
   CBC.

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