Data Source:Laws and Regulations Retrieving System of the Banking Bureau
1993.06.25
Regulations Governing Non-Business Operation Offices of Financial Institutions
Regulations Governing Non-Business Operation Offices of Financial Institutions
1. Full 8 Articles adopted and promulgated on 25 June 1993 per Order No. (82)-Tai-Tsai-Rong-82147727 of the Ministry of Finance
Article 1
These Regulations are adopted pursuant to Article 57, paragraph 3, of the Banking Act.
Article 2
A bank that establishes, relocates, or closes a non-business operation office for business reasons shall do so in accordance with these Regulations.
"Non-business operation office" in the preceding paragraph means a computer center, employee training center, guest facility, customer service center, employee dormitory, or other management unit location that does not engage in external business.
Article 3
Before establishing, relocating, or closing a non-business operation office, a bank shall file an application with the Ministry of Finance in accordance with regulations.
If the Ministry of Finance has not expressed disapproval or opposition within 30 days from the date the application is received, it is deemed approved, provided that during the waiting period following submission of the application, the bank may not conduct any matters under application.
When the application documents submitted by a bank are incomplete or the information recorded therein is inadequate, and it has been notified to provide supplementation in full within a specified period, the application is deemed approved if the Ministry of Finance has not expressed disapproval or opposition within 30 days from the date the bank has submitted the supplementation in full.
Prior to the expiration of a period specified in the preceding two paragraphs, the Ministry of Finance may, when necessary, give written notice of a 30-day extension, provided that the waiting period is extended only once.
Article 4
A bank that applies to establish or relocate a non-business operation office shall submit a plan including the following content:
1. The name and organizational structure of the unit that it intends to establish or relocate.
2. An explanation of the necessity of doing so to its business.
3. Minutes of the Board of Directors meeting.
4. An explanation of whether the location to be used involves any related party transaction matters.
5. The address of the proposed location for establishment or relocation.
6. Other matters as required by the Ministry of Finance.
A bank that applies to close a non-business operation office shall submit an explanation of the reasons for closure.
Article 5
A bank that is approved to establish, relocate, or close a non-business operation office, unless it has legitimate reasons otherwise as approved by the Ministry of Finance, shall complete the process within 6 months from the approval date, and within 15 days from beginning to use or closing down the office, notify the Ministry of Finance by letter for recordation.
When a bank has not completed the establishment, relocation, or closure process within the time limit prescribed in the preceding paragraph, the original approval is void.
Article 6
A non-business operation office approved for establishment may not be made available for business use without approval.
Article 7
These Regulations [also] apply to the establishment, relocation, or closure of non-business operation offices by other financial institutions established in accordance with other laws.
Article 8
These Regulations shall enter into force from the date of promulgation.