| Chapter 5 Return of Remaining Funds or Virtual Assets |
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 judicial police authority that provided the notification to the virtual asset service provider, and notify the customer holding the virtual asset account.
When a virtual asset service provider returns the remaining virtual assets in a watch-listed virtual asset account in accordance with the preceding paragraph, it may first sell the remaining virtual assets in the watch-listed virtual asset account through the virtual asset service provider, and then return the proceeds of such sale to the victim. |
| 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, deposit business institution, or electronic payment institution to prepare the following documents. Thereafter, based on the chronological order of inward remittances (transfers), the virtual asset service provider shall identify, transaction by transaction, the portions that have not yet been withdrawn or transferred, and return the remaining virtual assets or funds held in the watch-listed account to victims, starting from the amount of the last transaction and working backward until the balance of virtual assets or funds in the account reaches zero:
1. Identity certification document.
2. A certificate or document of case acceptance (processing) issued by the judicial police authority.
3. An undertaking issued by the victim stating that he or she will bear all liability for any damages incurred by the virtual asset service provider due to untrue information provided by such victim.
When virtual asset service providers process the return of remaining virtual assets or funds in a watch-listed virtual asset account, other virtual asset service providers, deposit business institutions, and electronic payment institutions shall, within the necessary scope, cooperate to provide information required for the return operations, including remitting account information, remittance time, remitted amount, virtual asset accounts, and other information sufficient to confirm the order and amount of the return.
The fields, format, timing of provision, notification methods, and operating procedures for the information in the preceding paragraph shall be formulated by the Taiwan Virtual Asset Service Provider Association in consultation with the Bankers Association of the Republic of China and the Electronic Payment Association of R.O.C., and reported to the competent authority for record. |
| 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 assets or funds are below a certain amount, such that the cost of returning would make such return not worthwhile.
2. The institution is unable to contact the victim(s) within three months after receipt of the notification from the judicial police authority.
3. The victim is unwilling to report the case or to claim the virtual assets or funds.
After the virtual asset service provider settles and closes the account in accordance with the preceding paragraph, it shall not lift the effect of the watch-listing on the account holder until it has been notified to lift the watch-listing or the watch-listing period has expired. |
| Article 67 |
If the virtual assets or funds in a virtual asset account have been seized, preserved, prohibited, or subjected to similar measures under another law, and the virtual asset service provider subsequently receives a notification from the judicial police authority described in Article 64 to return the remaining virtual assets or funds in the account, priority shall be given to the order for the seizure, preservation, prohibition, or similar measure with respect to such virtual assets or funds. |