第2條證券商辦理證券業務借貸款項,應經主管機關核准。
Article 2 To conduct money lending in connection with securities business, a securities firm shall obtain the approval of the competent authority.
前項所稱證券業務借貸款項,指證券商與客戶約定,為因應客戶購買上市或上櫃有價證券交割之需,所從事之資金融通業務。
"Money lending in connection with securities business" in the preceding paragraph means any financing business the securities firm and customer agree to engage in to meet settlement needs for purchases of exchange-listed or OTC-listed securities by the customer.
證券商辦理證券業務借貸款項融通範圍,由臺灣證券交易所股份有限公司(以下簡稱證券交易所)會同財團法人中華民國證券櫃檯買賣中心(以下簡稱證券櫃檯買賣中心)擬訂,報請主管機關核定。
The scope of financing by securities firms conducting securities business money lending shall be jointly drafted by the Taiwan Stock Exchange Corporation ("TSEC") and the GreTai Securities Market ("GTSM"), and submitted to the competent authority for final approval.
第3條證券商申請辦理證券業務借貸款項,應具備下列條件:
Article 3 A securities firm that applies to conduct securities business money lending shall possess the qualifications listed below:
一、最近期經會計師查核簽證之財務報告每股淨值不低於票面金額,且財務狀況符合證券商管理規則之規定。
1.
In the most recent financial report audited and certified by a certified public accountant (CPA), its net worth per share is not lower than par value, and its financial condition is in compliance with the Regulations Governing Securities Firms.
二、申請日前半年自有資本適足比率未低於百分之二百者。
2.
Its regulatory capital adequacy ratio has not been lower than 200 percent in the half-year prior to the application date.
三、最近三個月未曾受主管機關依本法第六十六條第一款所為之警告處分。
3.
It has not been subject to any warning sanction imposed by the competent authority under Article 66, subparagraph 1, of the Act in the past 3 months.
四、最近半年未曾受主管機關命令該證券商解除其董事、監察人或經理人職務處分,或撤換其負責人或其他有關人員之處分。
4.
It has not been subject to any sanction imposed by the competent authority ordering dismissal of a director, supervisor, or managerial officer of the securities firm, or any disposition to dismiss and replace its responsible person or other relevant personnel in the most recent half year.
五、最近一年未曾受主管機關為停業之處分。
5.
It has not been subject to any sanction imposed by the competent authority requiring the suspension of business in the past year.
六、最近二年未曾受主管機關撤銷部分營業許可之處分。
6.
It has not be subject to any sanction imposed by the competent authority voiding any portion of its business permission in the past two years.
七、最近一年未曾受證券交易所、證券櫃檯買賣中心或臺灣期貨交易股份有限公司所依其章則為處以停止或限制買賣之處置。
7.
It has not been subject to any sanction imposed by the TSEC, GTSM, or the Taiwan Futures Exchange Corporation pursuant to the bylaws of those exchanges suspending or restricting its trading in the past year.
八、其他經主管機關規定應具備之條件。
8.
Other qualifications as required by the competent authority.
證券商不符前項第三款至第七款之條件,但其違法情事已具體改善,並經主管機關認可者,得不受其限制。
Where a securities firm fails to meet a qualification in subparagraphs 3 through 7 of the preceding paragraph, but the violation has been specifically corrected and the correction is recognized by the competent authority, it may be exempted from the requirements of the subparagraph in question.
證券商經主管機關核准辦理證券業務借貸款項後,自有資本適足比率連續二個月低於百分之二百者,應停止辦理本項業務,俟連續三個月符合規定並報經主管機關核准後,始得恢復;其已獲准辦理而尚未辦理者,應停止辦理。
After a securities firm has been approved by the competent authority to conduct securities business money lending, if its regulatory capital adequacy ratio falls below 200 percent for two consecutive months, it shall suspend such lending, which may resume only after the securities firm is in compliance with regulations for three consecutive months and is approved by the competent authority; if the securities firm has already received approval to conduct such lending but has not begun doing so, it shall suspend proceeding.
前項內部控制制度應訂定瞭解客戶評估作業及徵信程序、辦理證券業務借貸款項之作業手續、權責劃分、融通額度控管及帳戶管理等事宜,並訂定相關風險管理機制。
The internal control system of the preceding paragraph shall adopt "know your customer" assessment and credit investigation procedures, and operating procedures, division of powers and duties, financing limit controls, and account management for the conduct of securities business money lending, as well as related risk management mechanisms.
第5條證券商申請辦理證券業務借貸款項,應填具申請書並檢具下列書件,由證券交易所審查並轉報主管機關核准:
Article 5 A securities firm that applies to conduct securities business money lending shall fill out an application form, attach the documents listed below, and submit them to the TSEC to review and forward to the competent authority for approval:
二、最近年度經會計師查核簽證之財務報告。
2.
Financial report of the most recent fiscal year audited and attested by a certified public accountant (CPA).
其於申請時已逾年度開始六個月者,應加送上半年度經會計師查核簽證之財務報告。
Where the application is submitted more than six months after the beginning of the fiscal year, the financial report for the first half of the year audited and certified by a CPA, shall also be submitted.
五、其他經主管機關規定應檢附之文件。
5.
Other documents required by the competent authority.
第6條證券商辦理證券業務借貸款項其金額以每一客戶成交日買進、賣出證券價金相抵後之應付價金為限,但不包括信用交易融資買進及融券賣出款項。
Article 6 The amount of securities business money lending conducted by a securities firm is limited to the amount payable by each customer after netting the prices of securities bought and sold by that customer on that trading day, excluding the amounts of margin purchases and short sales in margin trading.
第7條證券商辦理證券業務借貸款項,客戶以其買進證券為擔保者,其融通期限為成交日次二營業日至次五營業日。
Article 7 Where a securities firm conducts securities business money lending and the customer uses the securities it has purchased as collateral, the customer′s financing period shall be from the second business day to the fifth business day after the trade date.
前項擔保品價值應以證券商借貸與客戶之金額一定比率為限。
The value of the collateral referred to in the preceding paragraph shall be limited to a certain percentage of the amount of money loaned by the securities firm to the customer.
其比率由證券交易所會同證券櫃檯買賣中心擬訂,報請主管機關核定。
The percentage shall be jointly drafted by the TSEC and GTSM, and submitted to the competent authority for final approval.
證券商於成交日次二營業日前,得通知客戶另提出有價證券為擔保品,並以上市或上櫃有價證券及分割公債為限。
Up to the second business day after the trade date, a securities firm may notify a customer of any additional requirement to provide securities as collateral, which shall be limited to exchange- or OTC-listed securities or government strip bonds only.