Data Source:Laws and Regulations Retrieving System of the Banking Bureau

Regulations Governing Off-Premises Automatic Teller Machines of Financial Institutions

3. Articles 4, 8, and 9 amended and promulgated and Article 6 deleted on 25 May 1999 per Order No. (88)-Tai-Tsai-Rong-88724946 of the Ministry of Finance.

Article 1
These Regulations are adopted in accordance with Article 57, paragraph 3, of the Banking Act.

Article 2
A bank applying to install, relocate, or close any automatic teller machine with account transaction processing capabilities in a location other than the premises of its head office and branch business locations shall do so in accordance with these Regulations.

Article 3
A bank shall apply to the Ministry of Finance prior to installing, relocating, or closing any off-premises automatic teller machine.

Article 4
Each November, a bank shall complete an application for installation of automatic teller machines (Schedule 1) for the following fiscal year, and submit it to the Ministry of Finance for approval. When the approval designates a business territory, the machines shall be installed within that territory only.

When the number of machines a bank intends to install in the current fiscal year is more than the number for which it originally applied, it may fill out an advance application for additional establishments (Schedule 1.1) and submit it to the Ministry of Finance for approval, but only once per year.

In the situations described in the preceding two paragraphs, an application is deemed approved if the Ministry of Finance has not expressed prohibition or opposition within 10 days, counting from the day after it receives the application. Where the application documents submitted by the bank are incomplete or the information contained therein is insufficient, and the bank has been advised to submit supplementation within a specified period of time, the application is deemed approved if the Ministry of Finance has not expressed prohibition or opposition within 10 days, counting from the day after it receives the supplementation from the bank in full. During the prescribed waiting period, the bank may not proceed with any of the matters under application.

An application for installment in accordance with paragraph 1 or paragraph 2 that cannot be completed within the current fiscal year is deemed abandoned.

Article 5
A bank that installs an unauthorized automatic teller machine off premises without obtaining Ministry of Finance approval shall remove it. The Ministry of Finance may deny approval for such a bank's application for installments for the following fiscal year or reduce the number of machines it approves.

Article 6
(Deleted)

Article 7
The Ministry of Finance may, when necessary, restrict the number of automatic teller machines installed each year by a bank at which any of the following circumstances exists:
1. The implementation of the automatic teller machines plan, machine operations, or machine service quality are substandard.
2. Any incident of serious deficiency in the maintenance of safety and security or employee fraud has occurred at the automatic teller machines within the past year, or a deficiency or fraud has occurred that has not been reported in accordance with rules and regulations.

Article 8
All automatic teller machines installed by a bank shall prominently display the bank's name, the business unit to which the machine belongs, emergency phone number, service items and service hours; each fiscal quarter, the bank shall also complete a form with the basic identifying information (Schedule 2) of newly installed automatic teller machines, and submit it to the Ministry of Finance within the first 10 days of the subsequent fiscal quarter.

Employees may not be permanently posted at automatic teller machines to manage them; however the bank shall post a notice with instructions for conducting transactions, and install a video surveillance system, anti-theft security equipment, and facilities to prevent unwanted visual intrusion by others and to allow the user to be aware of the situation behind them, lighting, and the requisite fire prevention emergency equipment; it shall also carry out security and protection work without fail to maintain the safety of customers and the facility in accordance with the Financial Institution Automatic Teller Machines Security Protection Standards adopted by The Bankers Association of the Republic of China and filed with the Ministry of Finance for recordation.

The videos recorded by the video surveillance system referred to in the preceding paragraph shall be retained for a minimum of 2 months. However, when transactions are subject to dispute, the videos shall be retained until the dispute is resolved.

When automatic teller machines are intended to provide service items other than withdrawal, deposit, balance inquiry, account transfer, password changing, automatic passbook updating, IC card deposit (withdrawal) and prepayment, or other items approved by the Ministry of Finance, the bank shall first advise the Ministry of Finance in writing for approval and recordation.

Article 9
Prior to relocating or closing off-premises automatic teller machines, a financial institution shall apply to the Ministry of Finance by filling in and submitting a change information form (Schedule 3).

If the Ministry of Finance has not expressed prohibition or opposition to an application under the preceding paragraph within 7 days, counting from the day after it receives the application, the bank may proceed with the relocation or closure; after a relocation, it shall comply with the provisions of Article 8, paragraph 1.

Article 10
Other off-premises automatic teller machines installed, relocated, or closed by financial institutions under other laws are subject to the provisions of these Regulations.

These Regulations shall enter into force from the date of promulgation.