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Title: Deposit Insurance Act (2015.02.04 Modified) chinese version
Article Content
   Chapter 2 Deposit Insurance and Insured Risk Control
      Section 1 Deposit Insurance
Article   10   
(Participation in deposit insurance)
Financial institutions having been duly approved to accept deposits, postal savings, or to be consigned to manage trust funds used for the purpose designated by the financial institutions with guaranteed principal and interest (hereinafter referred to collectively as "deposits") shall apply to the CDIC to participate in deposit insurance and become insured institutions upon review and approval by the CDIC. However, the provision set forth in the aforesaid does not apply to the Taiwan branches of a deposit-taking foreign bank whose deposits have been insured by the deposit insurance system in their home countries.
In the event that any financial institution fails to apply for participation in deposit insurance according to the aforementioned provision, the CDIC shall report to the competent authority or the central competent authority of the agricultural finance, depending on whether such institution is a general financial institution or an agricultural financial institution to request the replacement of the responsible person or revoke its license.
Provisions set forth in the preceding two Paragraphs do not apply to the insured institutions that have participated in deposit insurance prior to the enforcement of the Amendment to this Act.
The standards for the documents to be submitted by the financial institutions when applying for participation in deposit insurance and the verification of application qualification according to Paragraph 1 shall be drawn up by the CDIC and submitted to the competent authority for approval and promulgation.
Article   11   
(Signing of deposit insurance contracts)
Financial institutions approved as insured institutions by the CDIC shall sign a deposit insurance agreement in writing with the CDIC.
In the event of any modification of this Act and other relevant laws and regulations, stipulations in the deposit insurance agreement relating to such laws and regulations shall also be modified accordingly.
Article   12   
(Eligible deposit)
The term "deposit insurance," as used in this Act, shall mean insurance whose subject matter insured are the following deposits within the territory of the Republic of China:
1. Checking deposits
2. Demand deposits
3. Time deposits
4. Deposits required by law to be deposited in specific financial institutions
5. Other deposits that the competent authority has approved as insurable
The deposits mentioned in the preceding Paragraph shall not include the following deposits:
1. Negotiable Certificate of Deposits
2. Deposits of government agencies at all levels
3. Deposits of the Central Bank
4. Deposits of banks, postal institutions handling postal savings and remittance businesses, credit cooperatives, farmers' and fishermen's associations with credit departments, and the Agricultural Bank of Taiwan
5. Other deposits that the competent authority has approved as uninsurable
The deposits within the territory of the Republic of China mentioned in Paragraph 1 shall exclude deposits of offshore banking branches established by banks.
Article   13   
(Maximum insurance coverage)
The maximum insured amount that the CDIC offers to each depositor of any insured institution shall be determined by the competent authority along with the Ministry of Finance and the Central Bank.
The aforementioned maximum insured amount shall mean the maximum amount of the deposit principal and its accrued interest until the final business day at the same insured institution being covered by deposit insurance. The CDIC shall use New Taiwan Dollars as the payout currency to fulfill its insurance responsibilities.
For employee pension accounts opened by organizations, business entities, or groups at insured institutions, if the account records and amount of each employee's pension may be clearly distinguished and provided by insured institutions, and insurance premiums for individual pension accounts are paid by insured institutions, the pension of such individual employee and other deposits thereof at the same insured institution shall be protected within the maximum coverage respectively and shall not be limited by the stipulations in the preceding two Paragraphs.
Article   14   
(Insurance premium assessment)
The assessment base shall be calculated based on the total liabilities over underlying deposits after subtracting the uninsured deposits mentioned in Paragraph 2 of Article 12 and shall be calculated once every semiannual period; the standard dates for calculating such base shall be determined by the CDIC.
Article   15   
( Total deposit liabilities, insurance premium assessment, and insurance premiums )
Insured institutions shall report the total amount of liabilities over the underlying deposits and assessment base to CDIC and make payment of insurance premium within one month of the standard dates mentioned in the preceding Article; the payment methods shall be decided by the CDIC.
Article   16   
(Determining the deposit insurance premium rates)
The ratio of the remaining amount of each account of the insurance payout special reserves of the CDIC to the insured deposits under the maximum insured amount shall be targeted at 2%.
The deposit insurance premium rates may be differentiated based on the operational risks of the insured institutions and may be adjusted according to the achievement of the target ratio mentioned in the preceding Paragraph.
The insurance premium rates in the preceding Paragraph shall be drawn up by the CDIC and submitted to the competent authority for approval.
Article   17   
(Indication of insured or uninsured status of deposit insurance)
Insured institutions shall indicate the fact, according to the forms and contents prescribed by the CDIC, that the deposits are insured at each of their business locations and indicate in their financial products whether such products are insured or uninsured by deposit insurance.
Article   18   
(Restrictions on ads)
Insured institutions shall not use the deposit insurance premium rate or relevant information as an advertisement.
Article   19   
(Distribution of remuneration, dividends, and bonuses)
Prior to the distribution of stock dividends and bonuses, as well as remuneration to the directors of the board and supervisors, insured institutions shall complete payment of the insurance premium to the CDIC.
Article   20   
(Difference offset)
Upon fulfillment of insurance responsibilities, provision of financial assistance, establishment of a bridge bank, or processing of advance payments by the CDIC, if the recovered amount is less than the cost expended, the difference shall be written off from the insurance payout special reserves. Any further deficiencies shall be recorded in the deferral account and written off from the insurance payout special reserves in the subsequent years.
Article   21   
(Termination of deposit insurance contracts)
In the event that an insured institution stops taking deposits, it shall notify the CDIC in writing to terminate the deposit insurance agreement.
      Section 2 Insured Risk Control
Article   22   
(Establishment of information sharing mechanisms and coordination mechanisms)
In the event that there are needs for the CDIC to collect and analyze the financial information or business information relating to an insured institution for the purpose of insured risk control, CDIC shall obtain such information through the information sharing mechanism established by the competent authority, the central competent authority of the agricultural finance, the Central Bank and the CDIC. In the event of insufficiency, the CDIC may require the insured institutions to report the information based on the facts.
The CDIC shall establish coordination mechanisms with the competent authority, the central competent authority of agricultural finance, and the Central Bank for the purpose of handling business crises of insured institutions or any major event affecting financial order.
Article   23   
(Establishment of electronic data files)
For the calculation of insurance premiums and the amount of payout in fulfilling insurance responsibilities, the insured institutions shall establish electronic data files of deposits and related items according to the file format and content stipulated by the CDIC.
The CDIC may request the insured institutions to provide the aforementioned electronic data files if necessary.
Article   24   
(Inspection)
The CDIC may inspect the following items of an insured institution:
1. The accuracy of the deposit assessment base and content of the electronic data files stipulated in Paragraph 1 of the preceding Article.
2. Any event causing the termination of the deposit insurance agreement.
3. Assets and liabilities of insured institutions prior to the fulfillment of insurance responsibilities.
4. Property information and information needed to pursue civil liabilities for illegal acts or omissions by employees of failed insured institutions and by those of problem insured institutions that receive financial assistance according to Paragraph 1 of Article 29.
When the CDIC undertakes inspection according to Subparagraph 3 or 4 of the aforesaid Paragraph, if an insured institution has made any improper funds transfers or property transaction with its controlling financial holding companies, other subsidiaries thereof, or non-credit departments of farmer's or fishermen's associations with the potential to jeopardize the insurance payout special reserves, the CDIC may report to the competent authority or the central competent authority of the agricultural finance and undertake inspections, after obtaining their approval, of the said financial holding companies, the subsidiaries thereof, and the non-credit departments of farmers' and fishermen's associations.
In undertaking the inspection stipulated in Subparagraph 4 of Paragraph 1, the CDIC may obtain or review relevant property and household registration information from government authorities, financial institutions, or securities' central depository agencies.
Article   25   
(Warnings for the termination of deposit insurance contracts)
If an insured institution violates the laws, regulations, or deposit insurance agreements or engages in unsound business operations, the CDIC may give a warning notice to terminate the deposit insurance agreement and require rectification within a stipulated timeframe.
Article   26   
(Prerequisites for the termination of deposit insurance contracts)
The CDIC shall notify the competent authority or the central competent authority of the agricultural finance and then terminate its deposit insurance agreement and make announcements with respect thereof in the event any one of the following occurs to an insured institution:
1. Failure to take corrective actions within the stipulated timeframe after the CDIC gives a warning notice of termination of the deposit insurance agreement according to the preceding Article.
2. Failure to make improvements upon being ordered by the competent authority or the central competent authority of the agricultural finance to undertake recapitalization or make improvements in financial condition and business operations within a specific timeframe or being assessed as being unable to make improvements by the aforementioned authorities or the CDIC prior to the deadline.
3. Occurrence of material fraud or other illegal activities with the potential to increase deposit insurance payouts.
Article   27   
(Termination of deposit insurance contracts)
In the event of termination of a deposit insurance agreement by the CDIC according to Article 21 of the preceding Article, the insured institution shall notify its depositors within one month of the date of termination and return the deposit insurance sign issued by the CDIC.
The total deposit balance of each of the abovementioned depositors on the date of termination of the deposit insurance agreement, subtracting subsequent withdrawals, shall, within the maximum insured amount, continue to be insured by the CDIC for one-half year after the termination date. The insured institution with a terminated deposit insurance agreement shall continue to make payments equivalent to the insurance premium to the CDIC.