Regulations Governing Financial Institutions Applying To Engage In Bills Finance Business
1.中華民國九十年十二月二十五日財政部(90)台財融(四)字第 09040 00317 號令訂定發布全文 9 條 2.中華民國九十二年八月一日財政部台財融(四)字第 0924000634 號令 修正發布第 2、4、6、8 條條文
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1These Regulations are enacted in accordance with Article 17 of the Act
2Governing Bills Finance Business.
1Financial institutions as used in these Regulations shall mean Banks
2and Securities Firms.
3The term "Banks" as referred to in the preceding paragraph shall not
4include investment and trust companies; the term "Securities Firms" as
5referred to in the preceding paragraph are limited to those which
6concurrently conduct securities underwriting, trading and brokerage.
7Securities Firms may only apply to engage in short term bills
8brokerage and trading.
1If a financial institution has invested in and holds shares exceeding
220% of the actual paid-in capital of a bills finance company, such
3financial institution may not apply to engage in a bills finance business
4unless otherwise approved by the competent authority.
5A financial institution that, prior to the promulgation of this Regulation,
6is an investor in the shares of a bills finance company with an
7investment exceeding the ratio cited above and has obtained approval
8from the competent authority to engage in the bills finance business
9may continue to do so, provided that such financial institution may not
10apply to open additional branches [for its bills finance business] or to
1A financial institution that has not been punished by a fine for
2violation of the Act governing Bills Finance Business, or the Banking
3Act of the Republic of China, or been subject to any penalty prescribed
4by Article 66 of the Securities and Exchange Law within one (1) year
5prior to its application may apply to the competent authority for
6permission to engage in a bills finance business. Such application
7shall include:
81. Application (form enclosed);
92. Board resolution;
103. Business plan; and
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1A financial institution that increases the number of its branches
2engaging in bills finance business shall apply for permission to do so in
3accordance with the provisions of the preceding articles.
1A financial institution that has received permission to engage in bills
2finance business shall, within six (6) months after the date on which it
3receives such permission and prior to engaging in a bills finance
4business, submit the following documents to the purpose competent
5authority for purposes of obtaining a new business license (approval
6license) for the head office (or branch);
71.The approval letter from the competent authority;
82.A roster of business personnel;
93.Documentation evidencing the deposit of the security deposit; and
104.Other documents as required by rules established by the competent
1The preceding three articles shall not apply to a financial institution that
2is party to an approved merger with a bills finance company and
3subsequently engages in the bills finance business.
1A head office or branch of a financial institution that wishes to cease all
2or part of its bills finance business shall apply to do so by submitting a
3business plan and application to the competent authority. Such
4financial institution shall also apply for a new business license
5(approval license).
6The business plan required by the preceding paragraph shall include the
7following:
81.A description of the business that the financial institution will cease
9to engage in and the reason for such cessation; and
102.A substantive discussion of how the rights of, and obligations to,
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1These Regulations shall become effective upon promulgation
2If the translations of the texts differ from the original Chinese
3texts, the original texts are preferential.
11expand the scope of its bills finance business.
12A branch of a foreign financial institution may replace the board
13resolution required by Item 2 of the preceding paragraph with a
14document evidencing the consent of a person in the head office
15authorized [to give consent to apply to engage in a bills finance
16business in Taiwan], and shall also provide an affirmation that
17engaging in a bills finance business will not violate the laws and
18regulations of its home country or the charter of its head office.
19The business plan required by Paragraph 1, Item 3, shall include the
20following:
211.The departments or branches that will engage in certifying,
22underwriting, brokering and trading of short term bills;
232.An evaluation of the market environment;
243.The principles and policies by which the business operations will be
25governed;
264.Projected volumes, profits, and losses for the next three years and an
27explanation of the basis for such forecast;
285.The [planned] deployment, management, and training of personnel
29(including a roster of business personnel and documents
30evidencing their qualifications);
316.A business manual (which shall include an operations flow chart,
32accounting procedures and internal control and audit systems).
12When applying for the aforesaid business license, the financial
13institution shall also submit a written report to the relevant competent
14authority.
15The competent authority shall revoke its permission [for a financial
16institution to engage in bills finance business] if such financial
17institution fails to apply for a new business license (approval license)
18within the time period required by the preceding paragraph. However,
19the competent authority may grant one (1) extension, not to exceed six
20(6) months, upon timely application and upon showing of a good
21reason for such extension.
12matters relevant to [another financial institution] taking over the
13services offered by the financial institution.