Regulations Governing Managed Futures Enterprises Article 56

The chairperson of a managed futures enterprise may not concurrently serve as the general manager. This restriction, however, does not apply if any of the following circumstances exists and if approval is obtained from the competent authority:1. The managed futures enterprise will cease to exist as a result of a merger or dissolution, and its chairperson or general manager has resigned, been removed from office, or otherwise been unable to continue the performance of duties.2. The managed futures enterprise's business permission was voided by the competent authority, and its chairperson or general manager has resigned, been removed from office, or otherwise been unable to continue the performance of duties.3. Any other special cause.Managerial officers and associated persons at a managed futures enterprise shall hold their positions on a dedicated full-time basis, provided that this restriction shall not apply where the Competent Authority provides otherwise.Internal auditors of a managed futures enterprises may not conduct business outside the registered scope of their positions, nor may any other associated person concurrently hold the position of internal auditor. However, an internal auditor of another enterprise that concurrently operates a managed futures enterprise, and who possesses the qualifications specified in Article 50, may serve as an internal auditor of the managed futures enterprise on a concurrent basis.Unless otherwise provided by the Competent Authority, a supervisor or associated person of the dedicated department conducting discretionary futures trading business at a managed futures enterprise concurrently operated by an other-industry enterprise may not conduct business outside the registered scope of their positions nor may their positions be held on a concurrent basis by a supervisor or associated person of another department. However, a supervisor of a dedicated department conducting discretionary securities trading business who possesses the qualifications in Article 51, or an associated person of that department who possesses the qualifications in Article 49, may hold the same position on a concurrent basis in the dedicated department conducting discretionary futures trading business.The position of an associated person who makes trading decisions at a managed futures enterprise concurrently operated by an other-industry enterprise may be held on a concurrent basis by a fund manager of a futures trust fund offered to specific persons, by a fund manager of a privately placed securities investment trust fund, or by a managerial officer for discretionary securities investment.The position of personnel who execute trades at a managed futures enterprise that is concurrently operated by a futures trust enterprise or a securities investment trust enterprise (SITE) may be concurrently held by personnel who execute trades and investments or execute buying and selling at a futures trust enterprise or securities investment trust enterprise (SITE) and possess the qualifications in Article 49.The positions of promotion and solicitation personnel at a managed futures enterprise concurrently operated by an other-industry enterprise may be concurrently held by associated persons who possesses the qualifications in Article 49.The position of in-charge accountant at a managed futures enterprise concurrently operated by an other-industry enterprise may be concurrently held by an in-charge accountant of the other-industry enterprise.The general manager of an other-industry enterprise concurrently operating a managed futures enterprise may not concurrently hold a position as a supervisor of or person making trading decisions in the department dedicated to discretionary futures trading business.
中文原文 期貨經理事業管理規則第56條
期貨經理事業之董事長不得兼任總經理。
但有下列情形之一,經主管機關核准者,不在此限:
一、期貨經理事業將因合併或解散而消滅,且其董事長或總經理有辭職、解任或其他無法繼續執行職務之情形。
二、期貨經理事業經主管機關撤銷營業許可,且其董事長或總經理有辭職、解任或其他無法繼續執行職務之情形。
三、其他特殊事由。
期貨經理事業之經理人及業務員應為專任。
但主管機關另有規定者,不在此限。
期貨經理事業之內部稽核人員不得辦理登記範圍以外之業務或由其他業務員兼任。
但他業兼營期貨經理事業之內部稽核人員,如具第五十條所定資格,得兼任之。
他業兼營期貨經理事業,辦理全權委託期貨交易業務之專責部門主管及業務員,除主管機關另有規定外,不得辦理登記範圍以外之業務或由其他部門主管及業務員兼任。
但證券全權委託投資業務之專責部門主管如具第五十一條之資格條件,或業務人員如具第四十九條之資格條件,得兼任之。
他業兼營期貨經理事業,辦理交易決定之業務員,得由向特定人募集之期貨信託基金經理人、私募證券投資信託基金經理人或證券全權委託投資經理人兼任。
期貨信託事業及證券投資信託事業兼營期貨經理事業,交易執行人員得由具第四十九條資格之期貨信託事業及證券投資信託事業執行交易及投資人員或買賣執行人員兼任。
他業兼營期貨經理事業,推廣、招攬人員得由具第四十九條資格條件之業務員兼任。
他業兼營期貨經理事業,主辦會計得由他業之主辦會計兼任。
他業兼營期貨經理事業,總經理不得兼任全權委託期貨交易業務之專責部門主管及交易決定人員。

English translation for reference only; the Chinese text prevails. Not legal advice.