| Chapter 3 Recordkeeping and Notification of Data Transactions and Account Management |
Section 1 Deposit Accounts |
| Article 15 |
When deposit business institutions implement measures in accordance with the latter part of Paragraph 1, Article 8 of the Act, they shall retain the following information and transaction records in hard copy or electronic format:
1. All records obtained through CDD measures, such as copies or records of passports, identity cards, driving licenses or other similar official identification documents of the account holder.
2. Contract files.
3. All abnormal transaction records of deposit accounts suspected of involvement in fraud.
4. Data and records obtained from inquiries regarding abnormal deposit accounts suspected of involvement in fraud in accordance with regulations in Chapter 2.
The abnormal transaction records of deposit accounts suspected of involvement in fraud, as referred to in Subparagraph 3 of the preceding paragraph, shall be sufficient to reconstruct individual abnormal transactions and serve as evidence for identifying illegal activity. |
| Article 16 |
Where a deposit account is identified as an abnormal deposit account suspected of involvement in fraud, the deposit business institution shall take the following response measures:
1. It shall strengthen the CDD measures for the account holder in accordance with the latter part of Paragraph 1, Article 8 of the Act. It may adopt control measures such as continual review, suspension of deposits or withdrawals, suspension of outward remittance of funds, suspension of all or certain transaction functions, and refusal to establish a business relationship or to provide services, and may report to the judicial police authority.
2. If a virtual account is watch-listed, the deposit business institution shall suspend all transaction functions of the virtual account and earmark an amount in the deposit account that corresponds to the amount in the virtual account. Subsequent inward remittances of the virtual account shall be returned to the deposit business institution or electronic payment institution that conducted the remittance by refund. If there is no outward remittance account corresponding to the virtual account to which the remittance can be returned, the deposit business institution shall earmark the amount in the virtual account. The deposit business institution shall immediately notify the account holder to take relevant control measures with regard to the user of the virtual account.
3. If the watch-listed virtual account is a virtual account under a trust deposit account of a virtual asset service provider that is held in custody by a deposit business institution, the deposit business institution shall immediately notify the virtual asset service provider. After receiving the notification from the deposit business institution, the virtual asset service provider shall check whether all or part of the reported fraud-related funds remain in the virtual account, and provide the results to the receiving deposit business institution.
4. Measures to be taken in accordance with the Money Laundering Control Act and other applicable laws and regulations.
When a deposit business institution notifies the judicial police in accordance with the regulations in the preceding paragraph, it shall use the telephone, fax, email, electronic platform, or other feasible means. It shall also provide documents of abnormal deposit accounts suspected of involvement in fraud, the identity of the account holder, relevant transaction records, or other documents required to be provided under the notification method based on the request. |
| Article 17 |
After receiving a report from the deposit business institution, the judicial police authority shall notify the deposit business institution by official letter within 20 days whether to continue or lift the control measures imposed on the abnormal deposit account suspected of involvement in fraud. If the judicial police authority fails to notify the deposit business institution within this period, the deposit business institution may continue to apply the control measures.
In case of major contingencies, the judicial police authority may send the notification in the preceding paragraph to the deposit business institution by telephone, fax, email, or other feasible means, followed by a confirming official letter and documents which should be delivered within five business days.
If an account holder has any doubts regarding the control measures implemented by the deposit business institution with respect to his or her deposit account in accordance with the notification from the judicial police authority, he or she may contact the deposit business institution for inquiries, and may also contact the original judicial police authority that notified the implementation of the control measures where necessary. |