Futures Market Surveillance Regulations
1.中華民國八十六年十二月二十四日財政部證券暨期貨管理委員會(86) 台財證(五)字第 05336 號令訂定發布全文 10 條 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 4 條第 2 項所列屬「財政部證券暨期貨管理委員會」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.中華民國一百十一年八月二十三日金融監督管理委員會金管證期字第 1 110383374 號令修正發布第 4、5、7、8 條條文
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These Regulations are prescribed in accordance with Article 95 of the Futures Trading Act (the "Act").
Surveillance of the futures market is conducted for purposes of detecting any condition adverse to the market or illegal act in order to timely take proper measures to protect public interest and maintain the order of the market.
1The scope of surveillance of the futures market shall include:
21. futures trading contract prices and the prices of relevant underlyings of futures trading contracts (including the prices of contracts in different delivery months, of the same or related contracts in different trading markets, and of the underlying spot commodities of futures trading contracts) and changes therein;
32. futures trading contract trading volume, open interest, and changes therein;
43. futures trading contract trading volume, open interest, position concentration, and changes therein, of futures traders, futures enterprises, and clearing members;
54. supply and demand in connection with physical delivery of futures trading contracts;
65. untrue information and rumors in the futures market;
76. the financial and business conditions of futures enterprises and clearing members;
87. illegal activities directly or indirectly affecting futures trading or relevant spot transactions; and
98. other elements which may affect the order of the market or damage the public interest.
1To conduct surveillance of different trading markets, the futures exchange and futures clearing houses may enter into cooperation contracts regarding exchange of market information, technical cooperation, assistance in investigation, etc., with domestic or foreign relevant exchanges and institutions.
2The signing or amendment of the contracts referred to in the preceding paragraph shall be reported to the competent authority for approval.
3Before exchanging market information with domestic or foreign exchanges or institutions or assisting in investigation referred to in the preceding paragraph, the futures exchange or futures clearing house shall report to the competent authority for approval.
The futures exchange and futures clearing houses shall prescribe rules for surveillance of the market and report the same to the competent authority for approval. This provision also applies when the said rules are amended.
The futures exchange and futures clearing houses shall set up a unit to execute market surveillance. The personnel executing the surveillance operation shall be employed on a full-time basis.
1When executing market surveillance operation, if the futures exchange or futures clearing house discover any abnormal matters, in addition to taking necessary measures, they shall immediately collect relevant data for analysis, investigation, and preparation of a surveillance report. The event shall be reported to the competent authority within five (5) days after occurrence.
2Upon executing market surveillance operations, if the futures exchange or futures clearing house discovers any illegality or offense, they shall directly inform the judicial agency and report to the competent authority for recordation.
3The futures exchange and futures clearing houses shall periodically hold surveillance/supervision meetings and compile analysis/review reports on the execution of market surveillance on monthly basis and report the same to the competent authority by the tenth day of each month.
1In the event that the competent authority discovers any situation described in Article 96 of the Act from the surveillance report referred to in the preceding article, it may order adjustment of the amount of margin, restrict the trade volume or carrying position of futures traders, or take other necessary measures according to the Act. Under special circumstance, it may suspend part or the whole futures trading.
2In the event that the futures exchange or a futures clearing house, futures enterprise, or responsible person or employee thereof violates the measures referred to in the preceding paragraph, the competent authority may impose punishment according to Article 100 and Article 101 of the Act.
Information related to futures market surveillance shall be kept confidential. However, it is subject to necessary investigation of the judicial agency or relevant institutions according to law.
These Regulations shall become effective on the date of promulgation.