Chapter 5 Return of Remaining Funds or Virtual Assets |
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, the deposit business institution shall return the remaining funds in the watch-listed deposit account to the victim after receiving a written notification from the authority that provided the original notification,and it shall notify the person that opened the account. The deposit business institution may return the funds after receiving 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 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 watch-listed deposit account:
1.Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/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 less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The deposit business 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 deposit business institution settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the applicant of such watch-listed account once it is notified to rescind the account from the watch-list, or when the watch-list period expires. |
| Article 55 |
If the fund in a deposit account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the deposit business 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 52, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds. |
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. |
Section 3 Credit Cards |
| Article 60 |
If a credit card settlement number suspected of involvement in fraud has been reported as a watch-listed credit card settlement number, and there are still unwithdrawn funds remitted (transferred) by a victim, the credit card business institution shall return the remaining funds in the watch-listed credit card settlement number to the victim after receiving a written notification from the authority that provided the original notification, and notify the cardholder. The credit card business institution may return the funds after receiving the written notification. |
| Article 61 |
When a credit card business institution implements measures in accordance with the preceding article, if the funds are remitted (transferred) from a deposit business institution or an electronic payment institution, it shall notify the victims through the remitting (transferring) deposit business institution or electronic payment institution to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining money held in the watch-listed credit card settlement number to victims:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the credit card business institution due to untrue information provided by such victim. |
| Article 62 |
With respect to returning the remaining funds held in a watch-listed credit card settlement number pursuant to the preceding two articles, if any of the following occurs, the credit card business institution may 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 credit card business 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 more than three months after receiving the notification.
3. The victim is unwilling to report the case or to claim the money.
After the credit card business institutionrecords the remaining funds in the account as other payables, the credit card business institution may rescind the effect of the watch-listing from the credit card once it is notified to rescind the account from the watch-list, or when the watch-list period expires. |
| Article 63 |
If the fund in a credit card settlement number has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the credit card business 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 60, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such funds. |
Section 4 Virtual Asset Accounts |
| Article 64 |
If a virtual asset account suspected of involvement in fraud has been reported as a watch-listed virtual asset account, and there are still unwithdrawn virtual assets or funds remitted (transferred) by a victim in the account, the virtual asset service provider shall return the remaining virtual assets or funds in the watch-listed virtual asset account to the victim after receiving a written notification from the authority that provided the original notification to the virtual asset service provider, and notify the customer of the virtual asset account. |
| Article 65 |
When a virtual asset service provider carries out the procedures described in the preceding article, it shall notify the victims through the remitting (transferring) virtual asset service provider to prepare the following documents and, based on the time of inward remittance (transfer), return the remaining virtual assets or funds held or transferred in the watch-listed account to victims, starting from the last remitted amount first until there is no more money left in the watch-listed virtual asset account:
1. Identity certification document.
2. A certificate of case acceptance (processing) issued by the police authority.
3. Undertaking issued by the victim stating that he/she will bear all liability for any damages incurred by the virtual asset service provider due to untrue information provided by such victim. |
| Article 66 |
With respect to returning the remaining virtual assets or funds held in a watch-listed virtual asset account pursuant to the preceding two articles, if any of the following occurs, the virtual asset service provider may settle and close the account, record such remaining virtual assets or funds as a virtual asset payable or an account payable, and wait until a person legally having the right to claim such assets requests payment:
1. The remaining virtual asset or fund is less than a certain amount, such that the cost of returning the money would make such return not worthwhile.
2. The virtual asset service provider does not receive a notification for the return of virtual assets or 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 virtual assets orfunds.
After the virtual asset service provider settles and closes the account in accordance with the preceding paragraph, it may rescind the effect of the watch-listing from the customer of such watch-listed virtual asset account once it is notified to rescind the account from the watch-list, or when the watch-list period expires. |
| Article 67 |
If the virtual asset or fund in a virtual asset account has been seized, preserved, prohibited, or subjected to similarly measures under another law, and the virtual asset service provider subsequently receives a notification for the earmarking of remaining virtual assets and funds in the account from the authority that provided the original notification as described in Article 64, priority shall be given to the order for the seizure, preservation, prohibition, or similar sanction for such virtual assets or funds. |
Section 5 Supervising Officer and Cases Where Assets Cannot be Returned |
| Article 68 |
Deposit business institutions, electronic payment institutions, credit card business institution, and virtual asset service providers shall appoint a deputy general manager or officer of equivalent level as dedicated personnel for supervising the handling of balances or virtual assets held in watch-listed deposit accounts, watch-listed electronic payment accounts, watch-listed credit card settlement numbers, or watch-listed virtual asset accounts. |
| Article 69 |
Cases suspected of involving transaction disputes or which are otherwise complicated shall be handled by judicial procedures, and the rules regarding return of remaining funds or virtual assets in these Regulations shall not apply thereto. |