Chapter I General Provision |
| Article 1 |
（Purpose of legislation）This Act is enacted to improve the management and development of trust enterprises and to protect the rights and benefits of trustors and beneficiaries. |
| Article 2 |
（Definitions of trust enterprises）The term "Trust Enterprise" as used in this Act shall mean an institution approved by the Competent Authority pursuant to the provisions of this Act to conduct a trust business. |
| Article 3 |
（Banks’ concurrent engagement in trust businesses）If a bank concurrently engages in trust businesses with the approval of the competent authority, the provisions of this Act shall apply.
Securities investment trust enterprises and securities investment consulting enterprises which respectively, conduct specific items of a trust business concurrently to their other businesses pursuant to the Securities Investment Trust and Consulting Act and meet certain requirements, or securities firms which concurrently conduct specific items of trust businesses shall apply to the Competent Authority for approval before they are subject to provisions of the Act other than Articles 10 through 15, Articles 38 through 40 and Article 43 of the said Act.
The Competent Authority shall determine the scope of specific items of a trust business mentioned in the preceding paragraph, qualification requirements for obtaining approval of the application mentioned in the said paragraph from the Competent Authority, circumstances that prevent the application from being approved by the Competent Authority and circumstances that make the said authority annul the permit, financial affairs, business management and other regulations which shall be complied with. |
| Article 3- 1 |
（Promotion of FinTech innovation and implementation of the Financial Regulatory Sandbox may be exempted from the regulations of this legislation within the authorized period and scope）To facilitate the development of financial inclusion and financial technology, the innovative experiment of trust business may be applied, but not limited to trust enterprise, pursuant to the Financial Technology Development and Innovative Experimentation Act.
The foregoing innovative experiments may be exempt from the requirements of the Act within the period and scope approved by the competent authority.
The competent authority shall make reference to the status of the innovative experiments specified in paragraph 1, and review the appropriateness of the Act and relevant financial laws. |
| Article 4 |
（Competent authority）The term “Competent Authority” as used in this Act, shall mean the Financial Supervisory Commission. |
| Article 5 |
（Definitions of the responsible person）The term, "Responsible Persons of a Trust Enterprise", as used in this Act, shall mean the person designated to be responsible in accordance with the provisions of the Company Act, other acts or the Articles of Incorporation of the relevant Trust Enterprise. |
| Article 6 |
（Qualifications of the responsible person）The qualifications for a trust enterprise responsible person shall be as prescribed by the Competent Authority. |
| Article 7 |
（Scope of related parties of trust enterprises）The term, "related party" of a trust enterprise, as used in this Act shall mean any of the following circumstances:
1.A person holding more than five percent (5%) of the total number of shares issued by a trust enterprise or the total amount of the capital of a trust enterprise.
2.A person serves as a responsible person of a trust enterprise.
3.A person who has the power to decide how to allocate trust property.
4.A sole proprietor business operated by a person mentioned in subparagraph 1 or subparagraph 2, a partnership enterprise operated by persons mentioned in any of the said provisions, serving as a responsible person of an enterprise, or acting as a representative of an organization by a person mentioned in any of the said provision.
5. A person mentioned in subparagraph 1 or subparagraph 2 solely or collectively holds more than 10% of the total number of shares issued by the company or the total amount of the capital of the enterprise.
6. A company of which more than half of the directors concurrently act as the directors of the trust enterprise.
7.An enterprise of which more than five percent (5%) of the total number of shares is held by a trust enterprise. |
| Article 8 |
（Definitions of collective trust funds）The term, "collective trust funds", as used in this Act shall mean the trust funds raised by a trust enterprise from an unspecific majority of people for specific investment purposes by means of issuance of beneficiary certificates or book entry and operated by the trust enterprise for the benefit of these unspecific majority of people.
As regards collective trust funds set up for purposes of investment in securities as defined by Article 6 of the Securities Exchange Act, if the establishment of collective trust funds meets certain requirements, it shall be processed pursuant to relevant provisions of the Securities Investment Trust and Consulting Act. |
| Article 9 |
（Name of trust enterprise）A trust enterprise's name shall indicate the word, ‘trust.’ This rule does not apply to an entity which conducts a trust business concurrently with the approval of the Competent Authority.
Unless otherwise provided by other laws, a non-trust enterprise shall not use a name which indicates or may mislead the public into believing that it is a trust enterprise.
Political parties or other political organizations shall not invest in or manage a trust enterprise. |