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Title: Regulations Governing Fraud Crime Hazard Prevention by Financial Institutions and Businesses or Personnel Providing Virtual Asset Services (2024.11.29 Announced) chinese version
Article Content
      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, the electronic payment institution shall return the remaining funds in the watch-listed electronic payment account to the victim after receiving a written notification from the authority that provided the original notification, and notify the user. The electronic payment institution may return the funds after receiving 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 institution or deposit business institution to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining money held in the watch-listed account to victims, starting from the last remitted amount first until there is no more money left in the account:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim, which stating that he/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 less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The electronic payment institution does not receive a notification for the return of funds from the authority that provided the original notification or is unable to contact the victim within three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the electronic payment institution directly settles the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the user of such watch-listed account once it is notified to rescind the account from the watch-list, or upon the expiration of the watch-list period expires.
Article   59   If the fund in an electronic payment account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the electronic payment institution subsequently receives a notification for the earmarking of remaining funds in the account from the authority that provided the original notification as described in Article 56, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds.