Regulations Governing Investment of Postal Savings in Beneficiary Certificates, Listed Securities and Over-the-Counter Securities
1.中華民國九十一年十二月三十一日交通部交郵發字第 091B000137 號令 、財政部台財融(二)字第 0912001913 號令會銜訂定發布全文 11 條 ;並自九十二年一月一日施行 2.中華民國九十三年五月四日交通部交郵發字第 093B000032 號令、財政 部台財融(二)字第 0932000535 號令會銜增訂發布第 11 條條文;原 第 11 條條文修正並遞改為第 12 條條文;並自發布日施行 3.中華民國九十五年七月三十一日交通部交郵字第 0950085034 號令、行 政院金融監督管理委員會金管銀(二)字第 09500299061 號令會銜修 正發布第 5、7、8、11 條條文 4.中華民國九十六年一月二十六日交通部交郵字第 0950085070 號令、行 政院金融監督管理委員會金管銀(二)字第 09620000542 號令會銜修 正發布全文 12 條;並自發布日施行 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 2 條第 2 項、第 5 條第 1 項、第 2 項、第 3 項、第 7 條、第 8 條第 1 項、第 11 條第 1 項所列屬「行政院金融監督管 理委員會」之權責事項,自一百零一年七月一日起改由「金融監督管理 委員會」管轄
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The regulations hereof are being established as mandated by paragraph 3, Article 18 of the Postal Remittances and Savings Act.
1Postal savings may be invested in the following domestic and foreign beneficiary certificates as well as exchange-listed and over-the-counter stocks:
21. Legally and publicly issued beneficiary certificates of securities investment trust funds and mutual trust funds as well as any other beneficiary certificates approved by competent authorities of foreign countries.
32. Exchange-listed and over-the-counter stocks: new shares entitlement certificates; and, under “specific person” status, capital increase shares issued by exchange-listed or over-the-counter companies that their original shareholders and employees have decided against buying, as well as stocks of exchange-listed or over-the-counter companies that have just been approved for sale.
4When investing in overseas beneficiary certificates, exchange-listed or over-the-counter stocks as mentioned in the previous paragraphs, the investment should be carried out in accordance with relevant regulations of the Financial Supervisory Commission of the Executive Yuan(FSC) and the Central Bank of China (CBC).
1The upper limits of investment in domestic and foreign beneficiary certificates by the postal savings held by Chunghwa Post Co., Ltd. (hereinafter called Chunghwa Post) are as follows:
21. The total amount of investment made in beneficiary certificates may not exceed 5% of postal savings.
32. The total amount of investments made on an individual fund may not exceed 10% of the total of the beneficiary certificates issued by the said fund.
1The upper limit of investment in domestic and foreign exchange-listed and over-the-counter stocks by the postal savings held by Chunghwa Post are as follows:
21. The total amount of investment made in stocks may not exceed 10% of postal savings.
32. The total amount of investment made in stocks of an individual company may not exceed 1% of postal savings and 10% of the actual capitalization of the said company.
1Postal savings may not be invested in stocks, new share entitlement certificates and beneficiary certificates of security investment trust funds issued by a company where the person-in-charge of Chunghwa Post serves as a board director, a corporate supervisor or a manager. With the exceptions of when the person-in-charge of Chunghwa Post is appointed by Chunghwa Post and with the approval of the Ministry of Transportation and Communications (MOTC) and the FSC to be the said company’s board director, corporate supervisor or manager.
2The person-in-charge or any employees of Chunghwa Post may not serve as the person-in-charge of any exchange-listed or over-the-counter companies being invested in by Chunghwa Post, with the exception of cases that have been reported to and gained the approval of the MOTC and the FSC.
3Before the enforcement of the regulations hereof, if any postal savings’ investment in beneficiary certificates or exchange-listed or over-the-counter stocks has violated stipulations of the two preceding paragraphs, then Chunghwa Post shall draw up an adjustment plan, about which a report shall be submitted to the MOTC and the FSC for reference.
1Chunghwa Post shall draw up an internal operations manual regarding investment in beneficiary certificates and exchange-listed or over-the-counter stocks. The manual shall cover transaction control procedures and principles, authorized amounts, stop-loss points, the execution risk and risk management departments, price assessment methods, investment analysis reports, the making of documents that record transactions and the length they shall be kept in files. This manual should be submitted to the board of directors for approval before implementation.
2The execution risk and risk management departments as mentioned in the preceding paragraph hereof shall be set up independently.
When investing in beneficiary certificates, exchange-listed and over-the-counter stocks, Chunghwa Post shall commission a domestic or foreign securities broker, securities investment trust company, asset management company or a financial institution or securities firm approved to handle this kind of business by the FSC.
1Chunghwa Post may commission or entrust a financial institution or securities firm that is approved to handle this kind of business by the Financial Supervisory Commission of the Executive Yuan or commission a foreign asset management company to invest in beneficiary certificates, exchange-listed and over-the-counter stocks.
2The standards for selecting a financial institution, securities firm or foreign asset management company commissioned or entrusted by Chunghwa Post as mentioned in the preceding paragraph and regulations governing these kinds of investments shall be established separately by Chunghwa Post.
1Chunghwa Post shall open up an account with the Taiwan Securities Central Depository for custody of the domestic beneficiary certificates of the closed-end mutual funds and exchange-listed and over-the-counter stocks that Chunghwa post purchases.
2Chunghwa post shall establish a custodian department for the safe keeping of the domestic beneficiary certificates of the open-end mutual funds it purchases.
3he foreign beneficiary certificates and exchange-listed and over-the-counter stocks that Chunghwa post purchases shall be deposited with the company’s custodian department or a central securities depository.
When Chunghwa Post prepares its final accounts at the end of the fiscal year, the beneficiary certificates and exchange-listed and over-the-counter stocks that Chunghwa Post owns shall be assessed in accordance with general accounting principles.
1When Chunghwa Post loans out domestic ETF beneficiary certificates and listed (over the counter) securities that it invested in accordance with Article Two hereof, the book cost of these ETF beneficiary certificates and listed (OTC) securities shall still be included in the upper limit specified in Article Three and Article Four hereof respectively, and the relevant regulations of the FSC over banks and investment trust companies shall apply.
2The regulations governing the loaning of foreign beneficiary certificates and exchange-listed and over-the-counter stocks shall be set separately by Chunghwa Post.
The regulations hereof shall become effective on the day of proclamation.