第2條證券商辦理有價證券借貸業務,應經主管機關核准。
Article 2 A securities firm shall obtain approval from the competent authority to conduct securities lending business.
前項所稱有價證券借貸業務,指證券商出借有價證券予其客戶,並約定以同種類、同數量有價證券返還之業務行為。
The term "securities lending business" referred to in the preceding paragraph means business activities in which a securities firm lends securities to a customer under an agreement stipulating redelivery of securities of the same class and quantity.
第3條證券商申請辦理有價證券借貸業務,應具備下列條件:
Article 3 A securities firm applying to conduct securities lending business shall meet the following eligibility requirements:
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.
Have net worth per share of not less than par value, as shown in the latest CPA-audited and certified financial report, and financial condition meeting the requirements of the Regulations Governing Securities Firms.
二、申請日前半年自有資本適足比率應達百分之二百以上。
2.
Have a regulatory capital adequacy ratio of 200 percent or higher for the half-year period immediately prior to the date of application.
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.
Have not been sanctioned by any warning imposed by the competent authority under Article 66, subparagraph 1, of the Act during the three most recent months.
五、最近一年未曾受主管機關為停業之處分。
5.
Have not been subject to any sanction imposed by the competent authority during the most recent year involving suspension of business activities.
六、最近二年未曾受主管機關撤銷部分營業許可之處分。
6.
Have not been subject to any sanction imposed by the competent authority during the two most recent years involving partial revocation of permission for business.
七、最近一年未曾受證券交易所、證券櫃檯買賣中心或期貨交易所依其章則為處以停止或限制買賣之處置。
7.
Have not been subject to any measures taken by a securities exchange, an over-the-counter securities market, or a futures exchange during the most recent year under its rules and regulations involving suspension of or restriction on trading activities.
八、其他經主管機關規定應具備之條件。
8.
Such other eligibility requirements as may be imposed by the competent authority.
第4條證券商辦理有價證券借貸業務,應訂定有效之內部控制制度。
Article 4 A securities firm shall adopt an effective internal control system for the conduct of securities lending business.
價證券借貸業務,應按每一客戶分別設帳,每日逐筆登載下列事項:
A securities firm conducting securities lending business shall set up a separate account ledger for each customer and record therein on a daily basis the following:
二、擔保品明細及其價值。
2.
Itemized collaterals and their values.
第5條證券商辦理有價證券借貸業務之主管及業務人員應經主管機關認可機構訓練並測驗合格。
Article 5 An officer or associated person of a securities firm who is charged with the conduct of securities lending business shall have attended training, and passed the test, held by an institution recognized by the competent authority.
前項辦理有價證券借貸業務之業務人員得兼辦有價證券買賣融資融券及證券業務借貸款項之業務。
An associated person conducting securities lending business under the preceding paragraph may concurrently provide services relating to margin purchases and short sales of securities and securities business money lending.
五、其他經主管機關規定應檢附之文件。
5.
Other documents as required by the competent authority.
第7條證券商辦理中央登錄公債借貸業務之券源,以下列為限:
Article 7 A securities firm may only use the following bonds as a source for its conduct of book-entry central government bond lending business.
二、自證券櫃檯買賣中心借券系統借入者。
2.
Bonds borrowed through the securities lending system of an over-the-counter securities market.
前項借貸契約內容至少應載明下列事項:
The lending agreement under the preceding paragraph shall at least contain the following:
七、標的證券及擔保品移轉或交付方式。
7.
Method of transfer or delivery of the underlying securities and collateral.
第9條證券商辦理中央登錄公債借貸業務,向借券客戶收取之擔保品,其種類以下列為限:
Article 9 A securities firm conducting book-entry central government bond lending business may accept only the following types of collateral from borrowers:
前項擔保品,除作下列之運用外,不得移作他用:
The collateral under the preceding paragraph may not be used for purposes other than:
一、作為向證券櫃檯買賣中心借券系統借券之擔保。
1.
As collateral to borrow securities through the securities lending system of an over-the-counter securities market.
證券商向借券客戶收取之現金擔保品,應支付利息予客戶,其利率由雙方約定之。
A securities firm shall pay interest on cash collateral it collects from a borrower at a rate agreed between the two parties.