第1條 (立法目的)為健全銀行業務經營,保障存款人權益,適應產業發展,並使銀行信用配合國家金融政策,特制定本法。
Article 1 (Purpose) This Act is enacted to improve the conduct of the banking business, to protect the rights of depositors, to coordinate with the development of productive enterprises and to keep Bank credit abreast of national financial policy.
第2條 (銀行之定義)本法稱銀行,謂依本法組織登記,經營銀行業務之機構。
Article 2 (Definition of Bank) The term, "Bank", as used in this Act shall mean an organization formed and registered in accordance with the provisions of this Act for purposes of transacting a banking business.
二 收受其他各種存款。
2.
To accept various kinds of other Deposits;
一六辦理債券發行之經理及顧問事項。
16.
To manage issuance of bonds and debentures and to provide advisory services with respect thereto;
一七擔任股票及債券發行簽證人。
17.
To act as attestor for the issuance of stocks, bonds and debentures;
二一辦理與前列各款業務有關之倉庫、保管及代理服務業務。
21.
To conduct warehousing, custody and agency businesses in relation to the businesses itemized above; and
二二經中央主管機關核准辦理之其他有關業務。
22.
To conduct other relevant businesses which may be authorized by the Central Competent Authority.
但其有關外匯業務之經營,須經中央銀行之許可。
However, transactions relating to foreign exchange must be approved by the Central Bank of China.
第6條 (支票存款)本法稱支票存款,謂依約定憑存款人簽發支票,或利用自動化設備委託支付隨時提取不計利息之存款。
Article 6 (Definition of Checking Deposit) The term, "Checking Deposit", as used in this Act shall mean a Deposit which, as agreed, may be drawn at any time without interest by use of a check signed by the depositor or by use of automatic equipment under effect
第7條 (活期存款)本法稱活期存款,謂存款人憑存摺或依約定方式,隨時提取之存款。
Article 7 (Definition of Demand Deposit) The term, "Demand Deposit", as used in this Act shall mean a Deposit which can be drawn by the depositor at any time by use of a passbook or by other agreed means.
第8條 (定期存款)本法稱定期存款,謂有一定時期之限制,存款人憑存單或依約定方式提取之存款。
Article 8 (Definition of Time Deposit) The term, "Time Deposit", as used in this Act shall mean a Deposit of a fixed term which can be drawn by the depositor upon maturity by presentation of a Deposit certificate or by other agreed means.
第8-1條 定期存款到期前不得提取。
Article 8- 1 (Termination and Pledge of Time Deposits) Time Deposits shall not be withdrawn before maturity, provided, that the depositor may pledge a time deposit or terminate a time deposit by giving seven (7) days prior notice to the Bank.
但存款人得以之質借,或於七日以前通知銀行中途解約。
Article 8- 1 (Termination and Pledge of Time Deposits) Time Deposits shall not be withdrawn before maturity, provided, that the depositor may pledge a time deposit or terminate a time deposit by giving seven (7) days prior notice to the Bank.
前項質借及中途解約辦法,由主管機關洽商中央銀行定之。
Rules governing the pledge and early-termination of time deposits shall be prescribed by the Competent Authority after consulting with Central Bank of China.
第12條 本法稱擔保授信,謂對銀行之授信,提供左列之一為擔保者:
Article 12 (Definition of Secured Credit) The term, "Secured Credit", as used in this Act shall mean the following collateral has been furnished to secure such credit:
四 各級政府公庫主管機關、銀行或經政府核准設立之信用保證機構之保證。
4.
Guarantees extended by a government agency in charge of the public treasury, a Bank or a government authorized credit agency.
第12-1條 銀行辦理自用住宅放款及消費性放款,已取得前條所定之足額擔保時,不得以任何理由要求借款人提供連帶保證人。
Article 12- 1 (Limitation on Guarantees) In extending self-use residence loans or consumer loans, if the Bank has obtained sufficient collateral in accordance with the preceding Article, the Bank shall not require provision of guarantor(s) for whatsoever effect
銀行辦理授信徵取保證人時,除前項規定外,應以一定金額為限。
Subject to the preceding paragraph, if a guarantor is required by the Bank in connection with a credit extension, the guarantee shall be in a specific amount.
未來求償時,應先就借款人進行求償,其求償不足部分得就連帶保證人平均求償之。
In seeking recovery, the Bank shall first pursue the borrower and then pursue the guarantor(s) for the remaining portion on a pro-rata basis; provided, that such shall not apply to applications for execution title or in the provisional proceedings.
但為取得執行名義或保全程序者,不在此限。
In seeking recovery, the Bank shall first pursue the borrower and then pursue the guarantor(s) for the remaining portion on a pro-rata basis; provided, that such shall not apply to applications for execution title or in the provisional proceedings.
第13條 本法稱無擔保授信,謂無前條各款擔保之授信。
Article 13 (Definition of Unsecured Credit) The term, "Unsecured Credit", as used in this Act shall mean a credit extended without having obtained any of the collateral listed in the preceding Article.
第15條 (商業票據、商業承兌匯票、銀行承兌匯票、貼現)本法稱商業票據,謂依國內外商品交易或勞務提供而產生之匯票或本票。
Article 15 (Definition of Commercial Negotiable Instrument) The term, "Commercial Negotiable Instrument", as used in this Act shall mean a bill of exchange or promissory note issued in connection with domestic or foreign trade in goods or services.
前項匯票以出售商品或提供勞務之相對人為付款人而經其承兌者,謂商業承兌匯票。
An aforesaid bill of exchange on which the recipient of the goods sold or services provided is named as payor and which has been accepted by such recipient, shall be called a trade or commercial acceptance.
前項相對人委託銀行為付款人而經其承兌者,謂銀行承兌匯票。
In cases where the aforesaid recipient mandates a Bank as the payor and the bill of exchange is accepted by the Bank, such bill of exchange shall become a banker′s acceptance.