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1. The Central Bank of China (hereafter referred to as "the Bank") has
established these Directions in accordance with Article 103 of the
Banking Law of the Republic of China for the management of trust
fund reserves deposited by investment and trust companies.
2. Unless otherwise provided by other laws or regulations, each
investment and trust company shall submit and deposit the trust fund
reserve in accordance with these Directions for various trust funds
based on Subparagraph 6, Article 101 of the Banking Law of the
Republic of China.
The portion of the trust fund at the investment and trust company's
discretion that exceeds the limit prescribed by laws or regulations
re-deposited at the Bank according to the regulations of Ministry of
Finance, are exempt from the trust fund reserve requirements.
3. The minimum reserve ratio for each type of trust fund shall be 15%.
However, the minimum required reserve shall be no less than 20% of
the company's total paid-in capital.
For those investment and trust companies newly commencing
operation, the aforesaid required reserve shall be based temporarily on
20% of the company's paid-in capital for the first year. However, the
basis shall be adjusted in accordance with the foregoing standard after
the company has been in business for one year.
4. The trust fund reserve shall be deposited in cash or in the following
securities recognized by the Bank:
(1) All types of certificates of deposit issued by the Bank.
(2) Treasury bills.
(3) Government bonds and other securities issued by the
government
from all ranks.
(4) Bank debentures.
(5) Subordinated debentures issued by financial institutions rated at or
above a certain issuer rating [level to be prescribed by a competent
authority].
(6) Corporate bonds guaranteed by financial institutions rated at or
above a certain rating [level to be prescribed by a competent
authority].
(7) Corporate bonds at or above a certain issue rating [level to be
prescribed by a competent authority].
(8) Other securities recognized by the Bank.
"Rated at/above a certain rating" as stated in Subparagraphs 5 to 7,
preceding Paragraph, shall mean one of the following situations:
(1) Rated at/above "A3" by Moody's Investors Service in long-term
debt credit rating.
(2) Rated at/above "A-" by Standard & Poor's Corporation in
long-term
debt credit rating.
(3) Rated at/above "A-" by Fitch IBCA Ltd. in long-term debt credit
rating.
(4) Rated at/above "twA-" by Taiwan Ratings Corp. in long-term debt
credit rating.
5. Where the trust fund reserve is deposited in the form of securities
recognized by the Bank, the valuation of securities shall be based on
the face value.
6. The trust fund reserve shall be audited and calculated monthly. The
trust fund required reserve to be deposited for each month shall be the
average daily balance of all trust funds multiplied by the reserve ratio
provided in Direction 3.
The balances on the last business day shall be used to calculate the
balances of various trust funds on a non-business day.
7. The trust fund required reserve shall be attended on by month and the
following statements shall be submitted to the Department of Banking
of the Bank by each investment and trust company before the 10th day
of the following month( shall be
deferred to the next business day if
it falls on a non-business day):
(1) Adjustment Form of Trust Fund Reserve (two copies, as in Format
1).
(2) Detailed Depository List of Recognizable Securities (five copies,
as in Format 2).
(3) Calculation Table of Trust Fund for the entire month (as in Format
3)and two copies of daily journal for each business day.
8. Each investment and trust company shall open either one or both the
following trust fund reserve accounts at the Department of Banking of
the Bank to deposit the trust fund reserve:
(1) Cash account.
(2) Securities account.
No interest shall be paid for either type of account stated in the
preceding Paragraph.
9. An investment and trust company shall report its annual financial
statements to the Department of Banking of the Bank right after the
statements have been submitted to and approved by the shareholders'
meeting. This same procedure must be followed after the completion
of any capital increase/decrease.
The limit on trust fund that each investment and trust company may
take shall be temporarily based on the latest approved amount prior to
the annual financial statements are reported.
10.In the event that any investment and trust company fails to conduct
depository of the trust fund reserve in accordance with these
Directions, or the amount of trust fund actual reserve falls short of the
statutory minimum standard, or any investment and trust company
provides false information of a serious nature, the Bank may notify
Ministry of Finance of the violation for disciplinary actions.
﹝Remarks:These Directions are made in Chinese which shall prevail in
case of any discrepancy between the English translation and
the Chinese original.﹞
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