| Legislative： |
Promulgated on 31 October 2018; effective as of 1 November 2018. |
| Content： |
Article 1
This Regulations are enacted pursuant to Paragraph 3, Article 22-1
of the Company Act (hereinafter referred to as "Act").
Article 2
In order to handle the information reporting and related operations,
the central competent authority may budget for establishing
an information platform by itself.
Regarding the establishment of the information platform provided
in the preceding paragraph, the central competent authority
may authorize its subordinate authority or mandate or appoint
other government authority or civil institutions or group
to handle the matters.
Article 3
If the central competent authority has not established an information
platform in accordance with the provisions of the preceding article,
it may, according to its authority or by application, designate
an information platform of a specific institution (hereinafter referred
to as the “Designated Institution”) to handle the reporting
information and related operations. The Designated Institution
shall be responsible for the operation and management of
the information platform.
The Designated Institution provided in the preceding paragraph
shall be of professional centralized securities depository enterprise
or securities service enterprise, and be limited to one enterprise.
Article 4
A company shall report the following information of its directors,
supervisors, managers and shareholders holding more than 10 percent
of the shares or total capital of the company.
1.Name of natural person or juristic person.
2.Nationality.
3.Date of birth or date of registration of incorporation.
4.ID document number or Unified Business Number.
5.Number of shares held by the shareholder or capital amount
contributed by the shareholder.
6.Other items as designated by the central competent authority.
The manager mentioned in the preceding paragraph refers to a manger
or managers registered in accordance with the Act and
for headquarter of the company.
Article 5
The information mentioned in the preceding article shall be
reported to the information platform provided in Article 2 or 3
of the Regulations (hereinafter referred to
as the “Information Platform”) by the responsible person
of the company.
The report provided in the preceding paragraph may
be handled by authorizing one agent.
Article 6
A company incorporated on or before October 31, 2018
shall file the first report of the latest information
provided in Article 4 to the Information Platform within
the period from November 1, 2018 to January 31, 2019.
A company incorporated on or after November 1, 2018 shall
report the information provided in Article 4 to
the Information Platform within 15 days after the incorporation
date of the company.
After a company reports the information provided in Article 4
in accordance with the provisions of the preceding two paragraphs,
if there is any change to the information, the company shall
report the change to the Information Platform within 15 days
after the change.
Since 2020, a company shall, within the period from March 1
to March 31 of every year, file the annual report for
the information provided in Article 4 as of December 31 of
the previous year to the Information Platform. The company
may be exempted from the annual report if the company has filed
a change report within the period from January 1 to March 31
of that year.
Article 7
The companies that are not applicable to Article 22-1 of
the Act mentioned in the proviso of Paragraph 1, Article 22-1
of the Act shall be limited to the following paragraphs.
1.A company provided in Paragraph 1, Article 3 of
the Administrative Law of State-Owned Enterprise.
2.A company offering its shares to the public.
3.Other companies announced by the central competent
authority jointly with the Ministry of Justice.
Article 8
When a company reports the information to the Information Platform,
the report shall be made electronically and use the manner of
electronic signatures or identity identification method recognized
by the central competent authority. The company shall transmit
electronic documents in accordance with the prescribed software,
format, type and method.
Article 9
In order to facilitate the reporting operation or for the purpose
of money laundering prevention that it is necessary to enrich
the entireness of the Information Platform, the central competent
authority may, after consulting with the Ministry of Justice
and relevant competent authority, obtain necessary information
from the relevant competent authority. The Designated Institution,
subject to the approval of the central competent authority,
may obtain the necessary information as well.
Article 10
The central competent authority or Designated Institution
shall maintain appropriate information protection mechanism for
the data or information held or obtained by executing the matter
or operating the business provided in the Regulations,
Any inquiries to the data or information mentioned in the
preceding paragraph or any claims of other right by a party
of the data or information shall be made towards the company.
Article 11
The Information Platform shall keep the information held
by it confidential in accordance with the Regulations unless
otherwise provided by the Regulations or other laws and regulations.
When an administrative authority, prosecutors’ office or
court is necessary to use or access the information provided
in the preceding paragraph to handle, investigate or hear
any litigant proceeding related to money laundering activities,
the shall inquire or obtain the information provided in the
preceding paragraph from the Information Platform by state
the reasons for. The authorities with jurisdiction of administrative
appeal and litigation related to Article 22-1 of the Act
shall apply the same.
Where a financial institution or designated nonfinancial business
or profession provided in Article 5 of the MLCA, in order to
proceed the procedure for verifying the identity of the customer
in accordance with the MLCA, is necessary to use the information
provided in Paragraph 1, its qualification shall be recognized
by its guild. For each enquiry or access to the information,
the financial institutions or designated nonfinancial businesses
or professions shall state the scope and cause of the specific
case with the Information Platform. However, for a financial
institution provided in Paragraph 1, Article 5 of the MLCA or
a designated nonfinancial business or profession provided
in Paragraph 3, Article 5 of the MLCA that does not have a guild,
its qualification may be recognized by its competent authority
in charge of such business for the Information Platform provided
in Article 2 or by the Designated Institution for Information Platform
provided in Article 3 respectively.
In the case of the preceding paragraph, the Information Platform
may make appropriately cover on the information within the necessary scope.
Article 12
Where the Information Platform established in accordance
with Article 2 of the Regulations provides services, such as inquiry
or provisions of information, the charge basis shall be set up
in accordance with the Charges And Fees Act.
Article 13
Where the Designated Institution provided in Article 3 needs to
charge for the service of provision of information or inquiry,
the Designated Institution shall draft a charge basis, together
with the analysis report of items, objects and amount of charge,
and related documents, and submit them to the central competent
authority for approval prior to its implementation.
The central competent authority may order the Designated Institution
to receive regularly review on the basis, item, object,
amount of charge, and make an appropriately adjustment, if necessary.
Article 14
Depending on actual needs, the central competent authority
may conduct inspections for the Designated Institution on a regular
or an irregular basis. The central competent authority may request
the Designated Institution for reporting its business, information
security and information protection scenarios, and provision of
document related to the business operations, financial revenue and
expenditure and other relevant information. The Designated Institution
shall not avoid, obstruct, or refuse the above request and shall
cooperate to improve the relevant deficiencies.
When the Designated Institution commits a material breach of
the Regulations or has a major financial difficulties or other
situation that are not suitable for the operation of the businesses
designated in the Regulations, the central competent authority may
revoke its designation after consulting the Ministry of Justice
and the securities and exchange control authority.
In the circumstance provided in the preceding paragraph, the institution
that the designation has been revoked shall, within the period specified
by the central competent authority, completely transfer the documents,
materials and files obtained from the operation of the business of
the Regulations to the other institution designated by the central
competent authority. The institution that the designation
has been revoked shall not avoid, obstruct, or refuse the above request.
Article 15
The central competent authority shall consider the degree of
risk involved in money laundering activities and regularly verify
the accuracy, timeliness and completeness of the company's
reported information.
Article 16
To handle the verification of the reporting business under
the Regulations by the central competent, the central competent
authority may, at any time, request a company to submit the company's
shareholder list and related documents.
The central competent authority may request assistance from
the Ministry of Justice or relevant competent authorities for
the verification of the preceding paragraph.
Regarding the verification provided in Paragraph 1, the central
competent authority may authorize its subordinate authority or
mandate or appoint other government authority or civil institutions
or group to handle it.
The authority, civil institutions or group to be authorized,
mandated or appointed shall keep a secret.
Article 17
If a company fails to make the report or the reported information
is false, the company shall be punished or disposed in accordance
with Paragraph 4, Article 22-1 of the Act. If there is a punishment,
it shall be noted in the Information Platform in accordance
with Paragraph 5, Article 22-1 of the Act.
Article 18
The Regulations shall take effect on November 1, 2018 |