Regulations Governing Investments in Other Enterprises by Commercial Banks
1.中華民國九十年六月十四日財政部(90)台財融(一)字第 90744868 號令訂定發布全文 6 條;並自發布日起施行 中華民國一百零一年六月二十五日行政院院臺規字第 1010134960 號公 告第 3 條第 1 項所列屬「財政部」之權責事項,經行政院公告自九 十三年七月一日起變更為「行政院金融監督管理委員會」管轄,自一百 零一年七月一日起改由「金融監督管理委員會」管轄 2.中華民國一百零一年十二月二十八日金融監督管理委員會金管銀法字第 10110007960 號令修正發布第 2 條條文 3.中華民國一百零七年十一月十四日金融監督管理委員會金管銀控字第 1 0702745620 號令修正發布全文 6 條;並自發布日施行 4.中華民國一百十四年十一月二十五日金融監督管理委員會金管銀控字第 11402738251 號令修正發布第 5 條條文
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These Regulations are adopted in accordance with the provisions of Article 74, paragraph 5 of the Banking Act (hereinafter referred to as the “Act”).
1A commercial bank investing in another enterprise shall comply with the following provisions:
21. Where the invested enterprise and the investing commercial bank become “interested parties” as defined in the Act, credit extensions by the commercial bank to the invested enterprise shall comply with the applicable provisions of Article 32 and Article 33 of the Act.
32. The responsible person and employees of a commercial bank may not concurrently serve in an finance-related invested enterprise in any position except director or supervisor, unless otherwise specified by act or regulation.
43. When calculating the ratio of regulatory capital to risk-weighted assets, the capital charge of investments of a commercial bank should comply with the rule of “Regulations Governing the Capital Adequacy and Capital Category of Banks“ and “the Methods for calculating Bank’s regulatory capital and Risk Weighted Assets”.
54. A commercial bank and its invested enterprises shall comply with the provisions concerning the confidentiality of customer information in Article 48 of the Act.
65. When using personal identity information of customers in joint marketing, a commercial bank and its invested enterprises shall obtain customer agreement; if a customer refuses, their information may not be used.
76. A commercial bank and its invested enterprises shall develop self-disciplinary standards to prevent conflicts of interest and insider trading.
When the shareholding percentage of a commercial bank in finance-related invested enterprise is 20 percent or higher, concurrent operations of the same type of bank department in the commercial bank and invested enterprise shall cease, unless otherwise investing in an internet-only bank or specified by the competent authority. However, when the shareholding percentage in an invested integrated securities firm reaches the aforesaid limit, the commercial bank may continue to operate the securities firm's stock transfer agency and government bond dealing businesses.
In accordance with Article 89 of the Act, these Regulations shall also apply to specialized banks, except where otherwise provided by an act or the competent authority.
1Except for investment in Internet-only banks and unless otherwise stipulated in other laws and regulations, a commercial bank shall obtain more than 25% of the shares with voting rights or paid-in capital of the financial holding companies, banks, insurance companies and securities firms in its initial investment in accordance with Paragraph 1 of Article 74 of the Act.
2The commercial bank shall propose reasonable and feasible financial and funding plans for investments made in accordance with the regulations in the preceding paragraph. It must also pledge to fully implement the plans in order to ensure the acquision of more than 50% of the shares or seats on the board of directors.
3The conditions referred to in the preceding paragraph and the compliance of a commercial bank regarding the investment in financial holding companies, banks, insurance companies and securities firms will be determined by the competent authority.
These Regulations shall enter into force from the date of promulgation.