Article Content
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the deposit business institution shall identify, transaction by transaction, the portions that have not yet been withdrawn or transferred, and return the remaining money held in the watch-listed account to victims, starting from the amount of the last transaction and working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. |