TPEx’s clearing and settlement fund is similar to the clearing and settlement fund of TWSE Its is mainly to guarantee securities firms’ settlement obligations. In other words, the clearing and settlement fund will be used when securities firms fail to perform their settlement obligations to TPEx.
The Joint Responsibility System Clearing and Settlement Fund is set up in accordance with Article 1 of the Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund and Paragraph 3, Article 17 of the Taipei Exchange Rules Governing Securities Trading on the TPEx. The clearing and settlement fund paid by the securities firms shall have common liabilities, and a fund management committee shall be set up; the rules for its management shall be prescribed by the TPEx after consulting with the securities dealers association and sent to the competent authority for approval; the same procedures shall apply with amendments. TPEx is the manager behind fund operations.
(I) Fund size:
The deposit requirements of the Clearing and Settlement Fund are clearly stipulated in the regulations. The fund size is set up NT$2 billion, for which TPEx appropriates and all securities firms appropriate NT$1.6 billion.
(II) Deposit Requirements:
Please refer to Article 3 of Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund for the calculating method of the fixed part. Before commencing business activities, each brokerage firm shall contribute NT$6 million, with an extra NT$ 1.5 million for each additional branch. Each securities dealer shall contribute NT$ 2 million. Each securities dealer shall contribute NT$ 2 million. From the year after business commences, the contribution of each brokerage firm will be reduced to NT$1.5 million, with an extra NT$ 0.25 million for each additional branch.
This is the balance after the fixed part is subtracted from NT$1.6 billion. The balance then is distributed among all the securities firms pro rata on the basis of the size of their net long or net short amount of the previous year. Please refer to Article 3 of Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund for the calculating method of the variable part.
Supplementary appropriation mechanism is set up in accordance with Article 5 of Taipei Exchange Rules for Administration of Additional Deposits by Securities Firms to the Joint Responsibility System Clearing and Settlement Fund. The value at risk (“VaR”) of securities firms, which is produced by TPEx, is the foundation for the monthly review of the amount to be appropriated to the Clearing and Settlement Fund by the individual securities firm. A securities firm has to make a supplementary appropriation to the Clearing and Settlement Fund if the basic amount of its appropriation to the Clearing and Settlement Fund is lower than 80% of its average daily VaR of the previous month. On the other hand, a securities firm may get a refund from the Clearing Fund if its appropriation to the Clearing and Settlement Fund is higher than 80% of its average daily VaR of the previous month or the basic amount, of which the refunding amount is the difference.
In accordance with Article 13 of Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund, when a securities firm defaults on its settlement obligations to the TPEx, the TPEx shall first handle the default according to the relevant procedures. Any price difference and all related expenses arising from the settlement default will first be deducted from the defaulting securities firm’s contributions to the Fund and accrued interest thereupon. When that is insufficient, the shortfall shall be covered from the following resources in the following order of priority:
After utilization of the amounts to be shared from the resources under subparagraphs 1 and 2 of the paragraph 1, Article 13 of Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund, each securities firm and the TPEx shall replenish the resources utilized, on the scale set by the Committee. If the Fund is subject to compulsory execution by a court or is utilized for any reason, the TPEx and every participating securities firm shall make immediate supplementary contributions to top up the Fund; If the securities firm fails to make repayment as required, TPEx shall thereupon halt its market trading.
In accordance with Article 14 of Taipei Exchange Rules for Administration of the Joint Responsibility System Clearing and Settlement Fund, A non-defaulting securities firm may paid its required contribution to the Fund capped at 100 percent in the most recent period and submit the documents of the letter of application for exit, the board of directors meeting minutes, payment of the capped additional contribution to the Fund, the cessation of participation in market transactions, the completed performance of account transfers and of clearing and settlement obligations with respect to funds and securities, and the full settlement of all accounts to the TPEx before the 5 business days preceding and exclusive of the expiration date of the cooling-off period to apply for exit. Moreover, TPEx publicly announce the exit and the competent authority issues a reply letter agreeing to the securities firm's termination, the non-defaulting securities firm will no longer bear any obligation for any amount to be shared and replenishment of the Fund.
Note: The above documents have been translated by the Linguitronics Co., Ltd. The English translation is for reference only. In case of any discrepancy between the English version and the Chinese version, the Chinese version shall prevail.