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Enforcement Letter

Organisation: Financial Supervisory Commission
Issue No.: Financial-Supervisory-Securities-SITC-1070120331 
Issue Date: 2019/01/04
Content:     Order of the Financial Supervisory Commission (FSC)

    Issue date: 4 January 2019
    Issue no.: Financial-Supervisory-Securities-SITC-1070120331

  1. Under Article 23, paragraph 1, subparagraph 3 of the Regulations Governing Offshore Funds, any investment in securities in Mainland China by an offshore fund offered and sold in Taiwan shall be limited to securities listed on an exchange or traded on the China Interbank Bond Market, and the total amount of investment in the aforesaid securities may not exceed 20 percent of the net asset value of the offshore fund. However, this restriction does not apply to the following:
    1. An offshore exchange-traded fund that, with approval from the FSC, applies to the Taiwan Stock Exchange to be listed or traded on the exchange.
    2. An offshore fund institution that has applied to the FSC and obtained recognition under the Incentive Policy for Offshore Fund Development in Taiwan may apply the preferential measure under the Incentive Policy for Offshore Fund Development in Taiwan to relax the aforesaid limit on the total amount of investment to 40 percent.
  2. This Order is effective from this day forward. FSC Order No. Financial-Supervisory-Securities-SITC-1060012978 of 3 June 2017 is repealed from this day forward.
    Originals: To be posted on the public notice boards of the FSC and the Securities and Futures Bureau, FSC
    Copies: Legal Affairs Committee, Executive Yuan; FSC (Department of Legal Affairs and Department of Information Management); FSC Financial Examination Bureau; Securities Investment Trust & Consulting Association of the R.O.C.; Lex Data Information Inc.; Root International Information Co., Ltd.; Winkler Partners, Attorneys at Law