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Title: Financial Asset Securitization Act (2014.06.04 Modified) chinese version
Article Content
      Section II: Issuance and Transfer of Beneficial Securities
Article   15   
(Issuance of beneficiary certificates of different categories and duration)
The Trustee may issue Beneficial Securities with various types and durations in accordance with the assets trust securitization plan.
After the Beneficial Securities have been paid off, the remaining property in the Asset Pool shall be distributed to the Residual Beneficiary in accordance with the assets trust securitization plan.
Article   16   
(Certification of beneficiary securities)
Before the issue, the Beneficial Securities shall be serialized, contain the following items, bear the signature and/or seal of the representative of the Trustee, and be certified by a certification agency:
1. annotations expressly stating that it is a SPT Beneficial Security;
2. issue date and maturity date;
3. total issue amount;
4. reference number and date of the letter confirming that the issue of Beneficiary Securities has been approved by or effectively registered with the competent authority;
5. names and addresses of the Originator and the Trustee;
6. names or titles of the beneficiaries;
7. Principal Holding, Profits Holding, priority of distribution, duration and other beneficial interests of the Beneficial Securities;
8. duration of the SPT contract;
9. matters regarding reimbursement of expenses and damage compensation to the Trustee;
10. the Trustee's remuneration and its variety, calculation method, and payment timing and method;
11. if the transferees of the Beneficial Securities are limited, the content and effect of such limitations;
12. the limitations on exercise of the beneficiary's rights set forth in the SPT contract; and
13. other items as required by the competent authority.
The provisions of the Rules Governing Certification of Corporate Stock and Bond Issued by Public Companies shall apply mutatis mutandis to the certification of the Beneficial Securities as referred to in the preceding paragraph.
Article   17   
(Provision of prospectus and investment memorandum)
When conducting a public offering of Beneficial Securities to non-specific people in accordance with the asset trust securitization plan, the Trustee shall provide a pubic prospectus to the subscriber or purchaser in a form prescribed by the competent securities authority.
When making the public offering describe din the preceding paragraph, the Trustee shall apply for an approval from or file an effective registration with the competent securities authority. The public offering guidelines and the content of the prospectus shall be promulgated by the competent securities authority after consultation of the competent authority.
If the Trustee issues Beneficial Securities to specific people through private placement, the Trustee shall provide an investment memorandum to the subscriber or purchaser in accordance with the methods prescribed by the competent authority, and shall annotate so on the Beneficial Securities with conspicuous language and state so in other relevant documents provided to the subscriber or purchaser.
The scope of the specific people, the content of the investment memorandum, and the restriction on the transfer of Beneficial Securities as referred to in the preceding paragraph shall be further prescribed by the competent authority.
Paragraphs 1 and 2 shall apply mutatis mutandis where the specific people sell the held Beneficial Securities through public offering to non-specific people.
In addition to the requirements of the competent securities authority or the competent authority, the content of the prospectus as referred to in Paragraph 1 or the investment memorandum as referred to in Paragraph 3 shall completely disclose the following matters:
1. the Beneficial Securities are irrelevant to the deposit with the Originator or any of its debts, and are not protected by the deposit insurance of the Central Deposit Insurance Corporation;
2. the Trustee does not guarantee the value of the trust property;
3. the relevant rights and potential investment risks of the holders of the Beneficial Securities; and
4. critical items of the SPT contract.
Article   18   
(Exercise and transfer of rights to beneficiary securities)
Except for Residual Beneficiaries, the exercise or transfer of beneficial interests in a SPT shall be made against the Beneficial Securities evidencing such beneficial interest.
Article   19   
(Registered beneficiary securities and method of transfer)
Beneficial Securities shall be in registered form and the transfer thereof shall be made in endorsement. Such transfer shall not be held valid against the Trustee, unless the Trustee has been informed of the name or title and address of the transferee.
The transfer of the Beneficial Securities shall not be held valid against any third party, unless the name or title of the transferee has been recorded on the Beneficial Securities.
If the Beneficial Securities are issued and delivered through a book-entry system, no physical securities are required to be printed, and the transfer, settlement of trades and pledge thereof shall be handled in accordance with the relevant provisions of the Securities and Exchange Act or the Act Governing Bills Finance Business.
Article   20   
(Items to be specified in the beneficiary registry)
The Trustee shall arrange a list of beneficiaries and record the following items thereon:
1. names or titles, domiciles or residences of the beneficiaries;
2. types of the beneficial interests of each beneficiary and his/her respective Principal Holding and Profits Holding;
3. serial numbers of the Beneficial Securities; and
4. date of the acquisition of the Beneficial Securities.
With regard to computerized or other electronic recordation, the information described in the preceding paragraph may be supplemented by attached tables.
Article   21   
(Validity of the transfer of beneficiary securities)
The transferee of the Beneficial Securities succeeds to the rights and obligations of the trustor of the SPT based on the Principal Holding evidenced by such Beneficiary Securities, unless otherwise provided in the SPT contract in terms of obligations.
Article   22   
(Petition for public summons)
When the Beneficial Securities are lost, the beneficiary may apply to commence public summons procedures.
After commencing public summons procedures, the applicant may provide appropriate security and request the Trustee to perform its obligations under such Beneficial Securities.