Regulations Governing Internal Operating Systems and Procedures for Banks Conducting Financial Derivatives Business Article 18

When a bank undertakes a financial derivative transactionlinked to a credit event, if the bankitself is the protection seller and the reference entity is an interested party, the terms of the transaction shall not be more favorable than those offered to other counterparties in the same category, and shall comply with the following provisions:1. For a domestic bank, the transaction shall be approved in a resolution adopted by at least three-fourths of the directors present in a board of directors' meeting attended by at least two-thirds of all directors. If the bank has drawn up internal operating rules therefor, it is deemed that the bankhas compliedwith thepreceding provision, provided the bank'smanaging department is fully authorized to conduct the business in accordance with the operating rules by its board of directors in a resolution adopted by at least three-fourths of the directors present in a board of directors' meeting attended by at least two-thirds of all directors (For branches of foreign banks in Taiwan, the internal operating rules shall be approved by their head office or regional center).2. A bank shall require full guarantee for potential loss of the transaction estimated based on credit risk and put such potential loss under credit control fortheinterested party. The eligibility criteria for collateral should be set in consideration of the contract duration and the liquidity of reference assets, and the collateral shall be limited to cash, government bonds, negotiable certificates of deposit issued by the Central Bank, savings bonds issued by the Central Bank, treasury bills and certificates of deposit issued by a bank.
中文原文 銀行辦理衍生性金融商品業務內部作業制度及程序管理辦法第18條
銀行辦理信用衍生性金融商品交易,如為信用風險承擔者,且合約信用實體為銀行之利害關係人,其交易條件不得優於其他同類對象,並應依下列規定辦理:
一、本國銀行應經董事會三分之二以上董事出席及出席董事四分之三以上決議;其已研擬內部作業規範,經董事會三分之二以上董事出席及出席董事四分之三以上決議概括授權經理部門依該作業規範辦理者,視同符合規定(外國銀行在臺分行所研擬內部作業規範應報經總行或區域中心核准)。
二、銀行應依據信用風險預估之潛在損失額度部分,徵提十足擔保,並比照利害關係人授信,列入授信額度控管;擔保品條件應配合交易契約存續期間及合約信用資產(ReferenceAsset)之流動性,且以現金、公債、中央銀行可轉讓定期存單、中央銀行儲蓄券、國庫券及銀行定期存單等為限。

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