Regulations Governing the Scope of Business, Restrictions on Transfer of Beneficiary Rights, Risk Disclosure, Marketing, and Conclusion of Contract by Trust Enterprises Article 5

With exception of situations stipulated in Article 7 herein, a bank that conducts concurrently trust business and meets the following requirements may, at its own discretion, proceed to add to the scope of investment for trust assets and the types of business under Articles 6 to 8 of the Enforcement Rules of the Act for trust businesses already approved by the competent authority:1.The bank's non-performing loan ratio is below 2 percent;2.The bank's regulatory capital to risk-weighted assets shall not be less than the ratios stipulated in Article 5 of the Regulations Governing the Capital Adequacy and Capital Category of Banks and its capital adequacy ratio shall be the minimum requirement stipulated in the aforementioned article plus 2 percent or higher;3.The bank has set aside sufficient loss reserve, loan loss provision, and guarantee reserve in accordance with the Regulations Governing the Procedures for Banking Institutions to Evaluate Assets and Deal with Non-performing /Non-accrual Loans; and4.The bank is free of the incidents of violating the Act, the Banking Act, or the self-regulatory rules of the Trust Association of the R.O.C. (referred to as the "Trust Association" hereunder) in a serious nature and failing to take remedial actions after being disciplined by the competent authority or the Trust Association in the past six months.
中文原文 信託業營運範圍受益權轉讓限制風險揭露及行銷訂約管理辦法第5條
兼營信託業務之銀行符合下列條件者,對已經主管機關核定之信託業務,除屬第七條之情形外,新增信託財產運用範圍及依本法施行細則第六條至第八條所為之業務種類,得逕行辦理:
一、逾期放款比率未超過百分之二。
二、自有資本與風險性資產之比率不得低於銀行資本適足性及資本等級管理辦法第五條規定之比率,且其資本適足率達該條規定之比率加計二個百分點以上。
三、已依銀行資產評估損失準備提列及逾期放款催收款呆帳處理辦法提足損失準備、備抵呆帳及保證責任準備。
四、最近六個月未有違反本法、銀行法或中華民國信託業商業同業公會(以下簡稱同業公會)自律規章,經主管機關或同業公會處分未改善,情節重大者。

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