證券商辦理財富管理業務應注意事項(民國95年05月30日修正)
Directions for the Conduct of Wealth Management Business by Securities Firms ( Amended 2006 . 05 . 30)
一、依據證券交易法第四十五條第一項後段規定訂定本注意事項。
1 These Directions are adopted pursuant to the latter part of paragraph 1, Article 45 of the Securities and Exchange Act.
第2條本規則所稱負責人，依公司法第八條之規定。
Article 2 The term "responsible person" as used in these Regulations shall be defined in accordance with Article 8 of the Company Law.
二、符合下列條件及資格之證券商，經本會核准後得辦理財富管理業務，並應依本注意事項辦理：
2 A securities firm that meets the following conditions and qualifications may conduct wealth management business after obtaining approval from the Financial Supervisory Commission (FSC), and shall do so in accordance with these Directions:
本規則所稱業務人員，指為證券商從事下列業務之人員：
The term "associated persons" as used in these Regulations means persons who engage in the following businesses for a securities firm:
1.最近三個月內未受證券交易法第六十六條第一款規定處分，或依期貨交易法第一百條第一項第一款處分者。
i.
Has not, within the past three months, been sanctioned under Article 66, subparagraph 1 of the Securities and Exchange Act or under Article 100, paragraph 1, subparagraph 1 of the Futures Trading Act.
二、有價證券承銷、買賣之接洽或執行。
2.the undertaking of the underwriting and trading of securities;
2.最近六個月未受證券交易法第六十六條第二款處分，或依期貨交易法第一百條第一項第二款處分者。
ii.
Has not, within the past six months, been sanctioned under Article 66, subparagraph 2 of the Securities and Exchange Act or under Article 100, paragraph 1, subparagraph 2 of the Futures Trading Act.
三、有價證券自行買賣、結算交割或代辦股務。
3.the dealing, settlement, clearing of securities, or agency for stock registrar and transfer services;
3.最近一年未受本會為停業之處分者。
iii.
Has not, within the past one year, had a sanction imposed by the FSC to suspend its business.
四、有價證券買賣之開戶、徵信、招攬、推介、受託、申報、結算、交割或為款券收付、保管。
4.the account opening, credit search, solicitation, receiving consignment, filing, settlement, clearing of the trading of securities or the receipt, payment, and safekeeping of cash and stocks;
七、辦理其他經核准之業務。
7. conducting other approved business.
4.最近二年未受本會撤銷部分營業許可之處分者。
iv.
Has not, within the past two years, had a sanction imposed by the FSC to revoke any part of its business permit.
第3條證券商之業務人員，依其職務之繁簡難易、責任輕重，分為下列二種：
Article 3 Associated persons of securities firms are classified into the following two categories in accordance with the complexity and responsibility of their duties:
5.最近一年未受臺灣證券交易所股份有限公司、財團法人中華民國證券櫃檯買賣中心、臺灣期貨交易所股份有限公司依其營業細則或業務章則為處以停止或限制買賣處分者。
v.
Has not, within the past one year, had a sanction of suspended or restricted trading imposed on it by the Taiwan Stock Exchange Corporation, GreTai Securities Market, or Taiwan Futures Exchange, under the operating rules or corporate bylaws thereof.
一、高級業務員：擔任第八條第一項之部門主管及分支機構負責人、投資分析或內部稽核等職務者。
1.Senior agent: the person who engages in the management of a department or is the responsible person of branch of a securities firm, or investment analysis or internal auditing as described in Paragraph 1 of Article 8.
證券商不符前項第三款之條件者，如已經提出具體證明並已改善，得不受該款之限制。
A securities firm that fails to meet the compliance requirements in subparagraph (3) of the preceding paragraph may be exempted from restriction under that subparagraph if it can specifically document that it has already corrected the infraction.
二、業務員：從事前條第二項各款有價證券承銷、自行買賣、受託買賣、內部稽核或主辦會計等職務者。
2.Agent: the person who engages in the underwriting, dealing or consigned trading of securities or engaged in internal auditing or accounting.
三、財富管理業務係指證券商針對高淨值客戶，透過業務人員，依據客戶需求，提供資產配置或財務規劃等服務。
3 The term "wealth management business" refers to a securities firm, through its associated persons, providing a high net worth customer with services such as asset allocation or financial planning, according to the demands of the customer.
第4條證券商業務人員，應為專任，但本會另有規定者，不在此限。
Article 4 Associated persons of a securities firm shall be employed full time, provided that where otherwise provided by the Commission, the above shall not apply.
前項所稱高淨值客戶之條件，由證券商自行依據經營策略訂定之。
Each individual securities firm sets its own criteria, based on its operational strategies, for what constitutes a "high net worth customer" as set out in the preceding paragraph.
證券商辦理財富管理業務涉及外匯業務之經營者，應經中央銀行之同意。
Where the conduct of wealth management business by a securities firm will involve operation of foreign exchange business, the consent of the Central Bank shall first be obtained.
證券商之下列業務人員不得辦理登記範圍以外之業務或由其他業務人員兼辦，但其他法令另有規定者，從其規定：
The following associated persons of a securities firm shall not engage in the business beyond the scope of registration or ask other associated persons to perform on their behalf, unless otherwise prescribed in other laws or regulations:
四、本項業務如涉及其他金融特許事業之規範者，其業務兼營之許可及人員之資格條件，應另依各業之規定辦理。
4 If wealth management business involves another financial business for which special approval is required, permission for concurrent conduct of such business and the qualification requirements for personnel to engage in the business shall be handled in accordance with legal provisions governing the business in question.