| Article 3 |
For the purposes of these Rules, the following terms shall have the following meanings:
1. Competent authority: Financial Supervisory Commission, Executive Yuan.
2. User applicant: Any securities firm, futures firm, telecommunications enterprise, data company, news media organization, qualified institutional investor, cable radio or television operator, satellite television enterprise, Internet operator, or other enterprise that has the approval of the GTSM, which applies on the basis of these Rules to use trading information.
3. Trading information: Information related to over-the-counter trading in securities that has been developed or transmitted by the GTSM, as well as any derivative information arising therefrom.
4. Electronic display device: A single screen with options to display technical analysis charts for securities data or to search contents.
5. Television wall: A bank of television screens used to display securities data, in whole or in part.
6. Real-time information and delayed information: Trading information transmitted while transactions are taking place is "real-time information." Trading information that is lags 20 minutes or more behind real-time information is "delayed information."
7. After-hours information: Same-day information about securities data transmitted after the close of trading is after-hours information.
8. Direct connection and indirect connection: When a user applicant directly links to the computer equipment of the GTSM to access trading information, this is a direct connection; when a user applicant indirectly accesses trading information through another user applicant, this is an indirect connection.
9. Data subscriber: A subscriber who receives trading information via relay transmission from a user applicant.
10. (Deleted) |
| Article 9 |
Data companies and telecommunications companies applying to use trading information shall be required to meet the following conditions:
1. Qualifications:
(1) The applicant must have a license issued by the competent authority for the relevant industry as well as an equipment room that has passed an inspection of the Directorate-General of Telecommunications.
(2) The applicant must have the capability to independently develop and maintain software, or must have retained the services of a provider who has the capability to develop and maintain software.
(3) The head office must establish a monitoring and control center possessing the capability to maintain operational control, and staff it with software and hardware engineers.
(4) The applicant must have capital sufficient to operate for one year.
(5) The applicant must not, within the past two years, have committed any violation of these Rules that resulted in contract termination.
2. Materials to be submitted for review:
(1) Application form.
(2) Photocopy of the identification card of the responsible person or representative.
(3) Photocopy of proof of company registration or, for a foundation, a photocopy of the certificate of registration.
(4) (Deleted)
(5) Photocopy of the permit license (or letter of approval) from the competent authority of the relevant industry.
(6) The financial report for the most recent year, audited and certified by a certified public accountant.
(7) Comprehensive credit reports, issued by the Joint Credit Information Center, for the company and its responsible person.
(8) Roster of directors, supervisors, managerial officers, and those shareholders whose holdings exceed 10% of company shares.
The GTSM may separately prescribe qualifications that must be met at the time of application by user applicants whose principal line of business is not the handling of trading information, and in so doing shall consider actual needs and take care to avoid creating inappropriate barriers to market entry or prejudicing the principle of free market competition. |
| Article 10 |
A foreign user applicant applying to use trading information shall submit the following materials for review:
1. Application form.
2. Original documentary proof of legal personality and the scope of business, duly legalized by an overseas representative office of the ROC, or a photocopy of documentary proof issued by the local government.
3. (Deleted)
4. (Deleted)
A foreign user applicant applying to use trading information through an indirect connection shall additionally submit an original document issued by and stating the agreement of the direct connection user.
1. (Deleted)
2. (Deleted)
3. (Deleted) |
| Article 11 |
A cable radio or television operator or satellite broadcast television enterprise that receives trading information transmitted by another user applicant for the purpose of broadcasting a trading information channel shall submit an application together with the following materials for review:
1. If a cable radio or television system operator or direct satellite broadcast television service operator:
(1) Photocopy of the identification card of the responsible person or representative.
(2) Photocopy of proof of company registration or, for a foundation, a photocopy of the certificate of registration.
(3) (Deleted)
(4) Photocopy of the cable radio or television enterprise permit license or satellite broadcast television enterprise permit license.
(5) Documents evidencing the source of the trading information.
2. If a cable transmission system:
(1) Photocopy of the responsible person's national identification card.
(2) (Deleted)
(3) Photocopy of the cable transmission system registration certificate.
(4) Documents evidencing the source of the trading information. |
| Article 17 |
User applicants shall prepare a list of information equipment used or a list of channels used for the broadcasting of trading information, and shall submit said lists to the GTSM. Any additions or changes shall be reported to the GTSM within seven days of the end of each quarter.
User applicants transmitting trading information in a designated manner shall, on their own initiative, create files for the administration of their data subscribers; user applicants who have done so may thereby be exempted from preparing and filing with the GTSM an itemized list of information equipment used as required by paragraph 2 of Article 24, and may further be exempted from reporting additions or changes in data subscribers within seven days of the end of each quarter as required by the preceding paragraph. However, user applicants shall keep the files for administration of data subscribers at their head offices, so that they are readily available for examination by the GTSM. |
| Article 18 |
To supervise the transmission and use of trading information, the GTSM may dispatch personnel or retain a certified public accountant to audit the user applicant's finances, business operations, and account books and supporting source documents, insofar as they relate to the user applicant's trading information. If further understanding of the status of the user applicant's operating revenues is required due to a change in the method of calculating fees, the GTSM may also use the audit report produced by the user applicant's certified public accountant as evidence. When necessary, the GTSM may conduct onsite visits to inspect the sites of information equipment and examine how it is being used; user applicants may not evade or refuse such inspections.
Where a user applicant calculates fees for use of trading information based on the quantity of information equipment or searching time, trading information fees and royalties shall be separately recorded, with appropriate explanatory notes, in its account books; the user applicant moreover shall, prior to June 30 of each year, send to the GTSM two copies of its annual financial report, duly audited and certified by a certified public accountant. |
| Article 19 |
A user applicant shall enter into a written contract with each data subscriber, and shall keep the originals of these contracts at the head office, so that they may be readily examined by the GTSM.
One copy of the contract referred to in the preceding paragraph shall be filed with the GTSM for recordation; the contract shall clearly stipulate that the user will comply with these Rules, and shall also clearly indicate the penalties as well as the civil and criminal liability to be borne for unlawful use or unauthorized relaying of trading information.
When a user applicant is requested by the GTSM to send personnel to accompany an inspection visit to the site of information use of a data subscriber, the user applicant shall do everything possible to comply, and may not deliberately refuse or evade the inspection. |
| Article 24 |
Upon entering into a contract with a data subscriber for use of information, a user applicant shall ensure that the contract clearly indicates the subscriber's name, national identification card number (or company uniform invoice number), contact address, telephone number, and installation site, and shall further examine the following materials:
1. Data subscriber applying as natural person: Documents proving the identity of the applicant.
2. Data subscriber applying as juristic person: A photocopy of documents proving juristic-person status.
3. Data subscriber applying as a securities or futures (or related) enterprise: A photocopy of documentary proof issued by the competent authority.
Applicant users shall set out subscribers' names, the type and quantity of the equipment used, and the usage site in an information equipment list, to be filed with the GTSM within seven days of the end of each quarter. However, the GTSM may from time to time require that the user applicant provide this information as it deems necessary.
Note shall be made where any of the equipment mentioned in the preceding paragraph is portable and does not require a fixed location. |
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