Regulations Governing Cooperating with or Assisting Foreign Institutions in Engaging in Activities Associated with Electronic Payment Business within the Territory of the Republic of China Article 8

An electronic payment institution that applies for approval to cooperate with or assist a foreign institution in engaging in activities associated with electronic payment business within the territory of the ROC, it must have not had any sanction or correction imposed by the competent authority due to violation of financial regulations or improper consumer financial dispute settlement in the past year. If there has been any sanction or correction, must have made concrete improvements and recognized by the competent authority.A bank not engaging concurrently in electronic payment business that applies for approval to cooperate with or assist a foreign institution in engaging in activities associated with electronic payment business within the territory of the ROC shall meet the following requirements:1. Having no accumulated deficit as audited and certified by a certified public accountant in the year preceding the application; and2. Having not had any sanction or correction imposed by the competent authority due to violation of financial regulations or improper consumer financial dispute settlement in the past year, or if there has been any sanction or correction, having made concrete improvements recognized by the competent authority.A data processing service provider that applies for approval to cooperate with or assist a foreign institution in engaging in activities associated with electronic payment business within the territory of the ROC shall meet the following requirements:1. Having provided the service of collection or payment of funds as an agent for online real transactions or third-party payment service for more than one year;2. Having no accumulated deficit as audited and certified by a certified public accountant in the year preceding the application; and3. Having not had any sanction imposed by the Ministry of Economic Affairs (“MOEA”) due to violation of related regulations issued by the MOEA or having not had any sanction imposed by the competent authority due to violation of financial regulations in the past year, or if there has been any sanction, having made concrete improvements over the violation recognized by the MOEA or the competent authority.Financial regulations referred to in Paragraph 1, Subparagraph 2 of Paragraph 2, and Subparagraph 3 of the preceding paragraph mean the Act, Act Governing Issuance of Electronic Stored Value Cards, Banking Act, Financial Holding Company Act, Trust Enterprise Act, Act Governing Bills Finance Business, Financial Assets Securitization Act, Real Estate Securitization Act, Insurance Act, Securities and Exchange Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Foreign Exchange Regulation Act, Credit Cooperatives Act, Agricultural Finance Act, Farmers Association Act, Fishermen Association Act, Money Laundering Control Act, and Counter-Terrorism Financing Act.Related regulations issued by the MOEA referred to in Subparagraph 3 of Paragraph 3 hereof mean the Company Act and Business Entity Accounting Act.
中文原文 與境外機構合作或協助境外機構於我國境內從事電子支付機構業務相關行為管理辦法第8條
電子支付機構申請與境外機構合作或協助其於我國境內從事電子支付機構業務相關行為,應符合最近一年無違反金融相關法規或處理金融消費爭議不妥適而受主管機關處分或糾正,或受處分或糾正而其違法情事已具體改善並經主管機關認可。
非兼營電子支付機構業務之銀行申請與境外機構合作或協助其於我國境內從事電子支付機構業務相關行為,應符合下列條件:
一、申請前一年度經會計師查核簽證無累積虧損。
二、最近一年無違反金融相關法規或處理金融消費爭議不妥適而受主管機關處分或糾正,或受處分或糾正而其違法情事已具體改善並經主管機關認可。
資料處理服務業者申請與境外機構合作或協助其於我國境內從事電子支付機構業務相關行為,應符合下列條件:
一、從事網路實質交易價金代收轉付服務或第三方支付服務業,並營業一年以上。
二、申請前一年度經會計師查核簽證無累積虧損。
三、最近一年無違反經濟部相關法規而受經濟部處分,或無違反金融相關法規而受主管機關處分,或受處分而其違法情事已具體改善並經經濟部或主管機關認可。
第一項、第二項第二款及前項第三款所稱金融相關法規,指本條例、電子票證發行管理條例、銀行法、金融控股公司法、信託業法、票券金融管理法、金融資產證券化條例、不動產證券化條例、保險法、證券交易法、期貨交易法、證券投資信託及顧問法、管理外匯條例、信用合作社法、農業金融法、農會法、漁會法、洗錢防制法及資恐防制法。
第三項第三款所稱經濟部相關法規,指公司法及商業會計法。

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