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Important Measures

Important Measure Oct 2023

2023-12-08
1. FSC Issues a directive  Regarding Offshore Fund Types, Scopes, and Restrictions based on  Article 23, Paragraph 1, Subparagraph 9 of the Regulations Governing Offshore Funds 
To balance  the development and supervision of onshore and offshore funds, the Financial Supervisory Commission on 3 October 2023 issued a directive relating to offshore fund types, scopes, and restrictions under Article 23, paragraph 1, subparagraph 9 of the Regulations Governing Offshore Funds. The directive applies to offshore fund that are launched after this directive has taken effect.. The directive additionally specifies that an offshore fund institution that has applied and been recognized by the FSC in accordance with the "Incentive Policy for Offshore Fund Development in Taiwan",it is eligible for the incentive measures provided under the Policy, and not subject to the provisions regarding the types, scope, and restrictions of offshore funds that are set out in this directive. 
2. FSC Issues Interpretive Order Regarding Securities Investment Trust Fund Distributors Under Article 19, Paragraph 1 of the Regulations Governing the Public Offering of Securities Investment Trust Funds by SITEs 
Considering that when securities investment trust enterprises (SITEs) that concurrently operate securities investment consulting business offer securities investment consulting services using automated tools ("robo-advisor" services), there is a demand by such SITEs to distribute funds managed by other SITEs, the FSC on 3 October 2023 issued an interpretive order relating to securities investment trust fund distributors under Article 19, paragraph 1 of the Regulations Governing the Public Offering of Securities Investment Trust Funds by Securities Investment Trust Enterprises. The order states that SITEs that concurrently operate securities investment consulting business and furthermore offer securities investment consulting services using automated tools may serve as securities investment trust fund distributors. 
3. FSC Issues Order Regarding the Types of Business the Competent Authority Permits to Be Operated Under Article 3, Paragraph 3, Subparagraph 3 And Article 4, Paragraph 3, Subparagraph 3 of the Securities Investment Trust and Consulting Act 
To expressly permit securities investment trust enterprises (SITEs) and securities investment consulting enterprises (SICEs) to provide services involving the use of decision-making power and services involving executing transactions on clients' behalf, and to set out related compliance requirements, the FSC on 26 October 2023 issued an order regarding the types of business the competent authority permits to be operated under Article 3, paragraph 3, subparagraph 3 and Article 4, paragraph 3, subparagraph 3 of the Securities Investment Trust and Consulting Act. The order provides that a SITE or SICE that is licensed to operate discretionary investment business may submit relevant documents to apply to operate business involving the use of decision-making power and business involving executing transactions on clients' behalf and must follow relevant compliance requirements when operating such business. SITEs and SICEs that currently are already operating such business must retroactively file an application for approval within 6 months. 
 

 
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  • Update: 2023-12-08
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