Search Result

Article Content

Article 1     These Regulations are prescribed for the purposes of maintaining discipline on the futures market and protecting the rights and interests of futures traders.
Article 2     Under these Regulations, rewards are offered for reporting the following cases:
  1. a violation of Article 13, 56, 82, 106, 107, or 108 of the Futures Trading Act.
  2. a violation of a criminal law in which the facts of crime involve the futures trading market.
  3. commission of any of the following acts by a futures commission merchant, futures introducing broker, or a responsible person or employee thereof:
    1. a violation of an act or regulation governing futures trading or an administrative disposition under an act and regulation.
    2. a violation of the articles of incorporation, operating regulations, trading authorization contract regulations, or other rules or bylaws of the Taiwan Futures Exchange Corporation (TAIFEX).
    3. a breach of a futures market usage contract, contract for computer connection, or trading information usage contract entered into with the TAIFEX.
    4. trading in futures in breach of the principle of good faith, where capable of causing damage to others.
  4. A breach by an information enterprise of a trading information usage contract.
Article 3     A complaint to be submitted to the TAIFEX shall be made in writing and include the particulars listed below, and the informant shall sign or fingerprint it, provided that it may be made orally in case of emergency or on other reasonable grounds.
  1. the name, address, and national identity card number of the informant.
  2. the name and domicile/residence of the respondent or other information sufficient to identify identity characteristics of the respondent; or in the case of a company, firm, or any other body corporate, its name, the name of its responsible person, and its place of business or office.
  3. concrete evidence for investigation.
    For a report submitted orally, the complainant shall appear in person at the TAIFEX and state the particulars in the subparagraphs of the preceding paragraph. The TAIFEX will prepare an interview record, for the information to affix his signature, seal or fingerprint to in confirmation.     The TAIFEX will keep confidential the informant’s name, age, domicile/residence, telephone, and all other information sufficient to identify identity characteristics of the informant, unless duly providing them to an authorized government agency.
Article 4     No complaint case to which any circumstance in the following subparagraphs applies will be entertained:
  1. The complaint is submitted anonymously or not under a true name.
  2. The complaint does not comply with any provision of paragraph 1 or 2 of the preceding article.
  3. The matter addressed in the complaint does not fall within the scope of the cases listed in Article 2.
  4. The facts have already been reported by the news media, and no further concrete evidence is produced.
  5. The matter of the complaint is already under investigation by the TAIFEX or another agency, or another person has already reported it first, unless the subsequent informant produces material evidence more favorable to the investigation.
  6. The TAIFEX has already decided not to entertain the matter of the complaint, or a case on the same matter has been closed following investigation and disposition, unless the informant produces new, concrete evidence establishing a necessity for reinvestigation of the case.
Article 5     If a complaint case results in any of the following circumstances, the TAIFEX will, depending on the seriousness of the case, issue at its discretion a reward of not more than NT$3 million.
  1. A court judgment of guilt has been handed down and become final and unappealable.
  2. The prosecutor has assessed the facts of the crime in relation to the persons identified in the complaint and has made a disposition of deferred prosecution under Article 253-1 of the Code of Criminal Procedure, or has made a final and irrevocable disposition of non-prosecution under Article 253 or 254 of the Code of Criminal Procedure.
  3. The competent authority has rendered a disposition under Article 100 or 101 of the Futures Trading Act, or has rendered another disposition, and the disposition has become final and unappealable.
  4. The provision of trading information is suspended, or the Trading Information Usage Contract is terminated by the TAIFEX pursuant to the Regulations Governing the Use of Trading Information.
  5. The TAIFEX suspends trading, suspends clearing and settlement operations, halts trading or terminates a market usage contract, or halts clearing and settlement operations, or terminates a clearing and settlement contract pursuant to any provision of Articles 128 to 131 of the TAIFEX Operating Regulations.
  6. The TAIFEX takes dispositive measures other than those set forth in the preceding two subparagraphs.
    If the same complaint case results in both or all of a court judgment of guilt, a disposition by the competent authority, or dispositive measures by the TAIFEX, the sum total of the amounts of any rewards issued by the TAIFEX shall not exceed NT$3 million.     If a complaint is submitted in the names of multiple informants, the reward money shall be distributed evenly between all of the informants. If multiple informants successively submit complaints addressing the same circumstances, the reward shall be issued to the informant who first submitted concrete evidence; however, if evidence or materials submitted by a subsequent informant provide important assistance toward dispositive measures by the TAIFEX, a disposition by the competent authority or prosecutor, or a judgment of guilt by a court, the TAIFEX also may after review grant a reward thereto.
    The monetary amounts of rewards for reporting of unlawful activities shall be in accordance with the TAIFEX Criteria for Rewards for Reporting of Unlawful Activities on the Futures Market. Those Criteria shall be separately adopted by the TAIFEX.
Article 6     In a case of a complaint submitted to the competent authority for futures or a judicial/investigatory agency, the informant, to apply to the TAIFEX for issuance of a reward, shall, after a final and unappealable disposition or judgment of guilt has been rendered, submit to the TAIFEX materials including documents certifying the complaint submitted to the competent authority for futures or the judicial/investigatory agency, for a reward to be granted after review by the TAIFEX.
Article 7     An informant to whom the TAIFEX grants a reward after review shall claim the reward within three months from the date of receipt of notice from the TAIFEX. Failure to do so will be deemed as a waiver.
    To claim the reward, the informant shall bring his or her original national identity card and personal seal; if the informant instructs another person to claim the reward on his or her behalf, a power of attorney and such other person’s original national identity card and personal seal shall also be produced.
Article 8     The reward provisions hereof do not apply to the following persons, who are not eligible for rewards hereunder:
  1. A responsible person or employee of the Taiwan Stock Exchange Corporation, GreTai Securities Market, Taiwan Depository & Clearing Corporation, Chinese National Futures Association, Securities and Futures Institute, or Securities and Futures Investors Protection Center.
  2. A staff member or employee of the competent authority or the TAIFEX.
  3. A civil servant submitting a report in a criminal case in relation to which he bears an official duty of carrying out inquiry, prosecution, or review.
  4. A person filing a complaint or report, for the purpose of preserving his own rights and interests, in a dispute arising between him and a futures commission merchant or a responsible person or employee thereof as a result of an order to trade in futures.
  5. A person operating a futures enterprise without approval from the competent authority, or any person employed thereby, or any person who places futures trading orders with a person operating a futures enterprise without approval from the competent authority.
  6. A party to circumstances listed in Article 5, paragraph 1.
  7. Any others to whom the TAIFEX determines a reward would be inappropriate.
Article 9     If the matter addressed in the complaint involves violation of any rule or bylaw of the TAIFEX, it shall be handled in accordance with the rules of the TAIFEX. If there is found to be no concrete evidence, the case will be closed and kept on file. If the matter addressed in the complaint involves any violation of law or regulation, it shall be reported to the competent authority.
    After following the provisions of Article 4 or the preceding paragraph, the TAIFEX will send a letter to the informant who submitted the report.
Article 10     The provisions of these Regulations in relation to rewards shall apply mutatis mutandis to a case entertained prior to the adoption of these Regulations where a final and unappealable court judgment is obtained after their issuance and enforcement.