Article Content
Chapter 5 Return of Remaining Funds or Virtual Assets
Section 1 Deposit Accounts
| Article 52 | If a deposit account suspected of involvement in fraud has been reported as a watch-listed deposit account, and there are still unwithdrawn funds remitted (transferred) by a victim in the account, when the judicial police authority notifies the deposit business institution in writing to return the remaining funds in the watch-listed deposit account to the victim, with a copy of the notification sent to the account holder, the deposit business institution may proceed with the return upon receipt of the written notification. |
| Article 53 | When a deposit business institution implements measures in accordance with the preceding article, it shall notify the victims through the remitting (transferring) deposit business institutions or electronic payment institutions to prepare the following documents. Thereafter, based on the chronological order of inward remittances (transfers), the deposit business institution shall identify, transaction by transaction, the portions that have not yet been withdrawn or transferred, and return the remaining money held in the watch-listed account to victims, starting from the amount of the last transaction and working backward until the balance of the watch-listed deposit account reaches zero:
1. Identity certification document.
2. A certificate or document of case acceptance (processing) issued by the judicial police authority.
3. An undertaking issued by the victim stating that he or she will bear all liability for any damages incurred by the deposit business institution due to untrue information provided by such victim. |
| Article 54 | With respect to returning the remaining funds held in a watch-listed deposit account pursuant to the preceding two articles, if any of the following occurs, the deposit business institution may settle and close the account, record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1.The account balance is below a certain amount, such that the cost of returning would make such return not worthwhile.
2. The institution is unable to contact the victim(s) within three months after receipt of the notification from the judicial police authority.
3. The victim is unwilling to report the case or to claim the money.
After the deposit business institution settles and closes the account in accordance with the preceding paragraph, it shall not lift the effect of the watch-listing on the account holder until it has been notified to lift the watch-listing or the watch-listing period has expired. |
| Article 55 | If the funds in a deposit account have been seized, preserved, prohibited, or subjected to similar measures under another law, and the deposit business institution subsequently receives a notification from the judicial police authority as described in Article 52 to return the remaining funds in the account, priority shall be given to the order for the seizure, preservation, prohibition, or similar measure with respect to such funds. |
Section 2 Electronic Payment Accounts
| Article 56 | If an electronic payment account suspected of involvement in fraud has been reported as a watch-listed electronic payment account, and there are still unwithdrawn funds remitted (transferred) by a victim in the account, when the judicial police authority notifies the electronic payment institution in writing to return the remaining funds in the watch-listed electronic payment account to the victim, with a copy of the notification sent to the account user, the electronic payment institution may proceed with the return upon receipt of the written notification. |
| Article 57 | When an electronic payment institution carries out the procedures described in the preceding article, it shall notify the victims through the remitting (transferring) electronic payment institutions or deposit business institutions to prepare the following documents. Thereafter, based on the chronological order of inward remittances (transfers), the electronic payment institution shall identify, transaction by transaction, the portions that have not yet been withdrawn or transferred, and return the remaining money held in the watch-listed account to victims, starting from the amount of the last transaction and working backward until the balance of the watch-listed e-payment account reaches zero:
1. Identity certification document.
2. A certificate or document of case acceptance (processing) issued by the judicial police authority.
3. An undertaking issued by the victim stating that he or she will bear all liability for any damages incurred by the electronic payment institution due to untrue information provided by such victim. |
| Article 58 | With respect to returning the remaining funds held in a watch-listed e-payment account pursuant to the preceding two articles, if any of the following occurs, the electronic payment institution may settle and close the account, record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1. The account balance is below a certain amount, such that the cost of returning would make such return not worthwhile.
2. The institution is unable to contact the victim(s) within three months after receipt of the notification from the judicial police authority.
3. The victim is unwilling to report the case or to claim the money.
After the electronic payment institution settles and closes the account in accordance with the preceding paragraph, it shall not lift the effect of the watch-listing on the account user until it has been notified to lift the watch-listing or the watch-listing period has expired. |
| Article 59 | If the funds in an electronic payment account have been seized, preserved, prohibited, or subjected to similar measures under another law, and the electronic payment institution subsequently receives a notification from the judicial police authority as described in Article 56 to return the remaining funds in the account, priority shall be given to the order for the seizure, preservation, prohibition, or similar measure with respect to such funds. |
Section 3 Credit Cards
| Article 60 | If a credit card settlement number suspected of involvement in fraud has been reported as a watch-listed credit card settlement number, and there are still unwithdrawn funds remitted (transferred) by a victim, when the judicial police authority notifies the credit card business institution in writing to return the remaining funds in the watch-listed credit card settlement number to the victim, with a copy of the notification sent to the cardholder, the credit card business institution may proceed with the return upon receipt of the written notification. |
| Article 61 | When a credit card business institution implements measures in accordance with the preceding article, if the funds are remitted (transferred) from a deposit business institution or an electronic payment institution, it shall notify the victims through the remitting (transferring) deposit business institutions or electronic payment institutions to prepare the following documents. Thereafter, the credit card business institution shall identify transaction by transaction based on the chronological order of inward remittances (transfers), and return the remaining money held in the watch-listed credit card settlement number to victims:
1. Identity certification document.
2. A certificate or document of case acceptance (processing) issued by the judicial police authority.
3. An undertaking issued by the victim stating that he or she will bear all liability for any damages incurred by the credit card business institution due to untrue information provided by such victim. |
| Article 62 | With respect to returning the remaining funds held in a watch-listed credit card settlement number pursuant to the preceding two articles, if any of the following occurs, the credit card business institution may record such remaining money as an account payable, and wait until a person legally having the right to claim such money requests payment:
1. The account balance is below a certain amount, such that the cost of returning would make such return not worthwhile.
2. The institution is unable to contact the victim(s) within threemonths after receipt of the notification from the judicial police authority.
3. The victim is unwilling to report the case or to claim the money.
After the credit card business institution records the remaining funds in the account as other payables, the credit card business institution shall not lift the effect of the watch-listing on the credit card until it has been notified to lift the watch-listing or the watch-listing period has expired. |
| Article 63 | If the funds in a credit card settlement number have been seized, preserved, prohibited, or subjected to similar measures under another law, and the credit card business institution subsequently receives a notification from the judicial police authority as described in Article 60 to return the remaining funds in the account, priority shall be given to the order for the seizure, preservation, prohibition, or similar measure with respect to such funds. |
Section 4 Virtual Asset Accounts
| Article 64 | If a virtual asset account suspected of involvement in fraud has been reported as a watch-listed virtual asset account, and there are still unwithdrawn virtual assets or funds remitted (transferred) by a victim in the account, the virtual asset service provider shall return the remaining virtual assets or funds in the watch-listed virtual asset account to the victim after receiving a written notification from the judicial police authority that provided the notification to the virtual asset service provider, and notify the customer holding the virtual asset account.
When a virtual asset service provider returns the remaining virtual assets in a watch-listed virtual asset account in accordance with the preceding paragraph, it may first sell the remaining virtual assets in the watch-listed virtual asset account through the virtual asset service provider, and then return the proceeds of such sale to the victim. |
| Article 65 | When a virtual asset service provider carries out the procedures described in the preceding article, it shall notify the victims through the remitting (transferring) virtual asset service provider, deposit business institution, or electronic payment institution to prepare the following documents. Thereafter, based on the chronological order of inward remittances (transfers), the virtual asset service provider shall identify, transaction by transaction, the portions that have not yet been withdrawn or transferred, and return the remaining virtual assets or funds held in the watch-listed account to victims, starting from the amount of the last transaction and working backward until the balance of virtual assets or funds in the account reaches zero:
1. Identity certification document.
2. A certificate or document of case acceptance (processing) issued by the judicial police authority.
3. An undertaking issued by the victim stating that he or she will bear all liability for any damages incurred by the virtual asset service provider due to untrue information provided by such victim.
When virtual asset service providers process the return of remaining virtual assets or funds in a watch-listed virtual asset account, other virtual asset service providers, deposit business institutions, and electronic payment institutions shall, within the necessary scope, cooperate to provide information required for the return operations, including remitting account information, remittance time, remitted amount, virtual asset accounts, and other information sufficient to confirm the order and amount of the return.
The fields, format, timing of provision, notification methods, and operating procedures for the information in the preceding paragraph shall be formulated by the Taiwan Virtual Asset Service Provider Association in consultation with the Bankers Association of the Republic of China and the Electronic Payment Association of R.O.C., and reported to the competent authority for record. |
| Article 66 | With respect to returning the remaining virtual assets or funds held in a watch-listed virtual asset account pursuant to the preceding two articles, if any of the following occurs, the virtual asset service provider may settle and close the account, record such remaining virtual assets or funds as a virtual asset payable or an account payable, and wait until a person legally having the right to claim such assets requests payment:
1. The remaining virtual assets or funds are below a certain amount, such that the cost of returning would make such return not worthwhile.
2. The institution is unable to contact the victim(s) within three months after receipt of the notification from the judicial police authority.
3. The victim is unwilling to report the case or to claim the virtual assets or funds.
After the virtual asset service provider settles and closes the account in accordance with the preceding paragraph, it shall not lift the effect of the watch-listing on the account holder until it has been notified to lift the watch-listing or the watch-listing period has expired. |
| Article 67 | If the virtual assets or funds in a virtual asset account have been seized, preserved, prohibited, or subjected to similar measures under another law, and the virtual asset service provider subsequently receives a notification from the judicial police authority described in Article 64 to return the remaining virtual assets or funds in the account, priority shall be given to the order for the seizure, preservation, prohibition, or similar measure with respect to such virtual assets or funds. |
Section 5 Supervising Officer and Cases Where Assets Cannot be Returned
| Article 68 | Deposit business institutions, electronic payment institutions, credit card business institutions, and virtual asset service providers shall designate a deputy general manager or officer of equivalent level to supervise the handling of balances or virtual assets held in watch-listed deposit accounts, watch-listed electronic payment accounts, watch-listed credit card settlement numbers, or watch-listed virtual asset accounts. |
| Article 69 | Cases identified by deposit business institutions, electronic payment institutions, credit card business institutions, or virtual asset service providers as being suspected of involving transaction disputes or otherwise complicated shall be handled through judicial procedures, and the rules regarding return of remaining funds or virtual assets in these Regulations shall not apply thereto. |