Rules Governing OBU Foreign Currency Checking Account
OBU 指：境外金融中心、Offshore Banking Unit、國際業務分行
Article 1. The Bankers Association of the Republic of China (the “Association”) enacts the Rules Governing OBU Foreign Currency Checking Account (the “Rules”) for the Association member banks (the “Bank”) authorized to establish Offshore Banking Unit (“OBU”).
Article 2. The bank’s Offshore Banking Units may engage in activities of receiving funds denominated in foreign currency except RMB deposited in checking account as the Bank deems necessary in light of the Bank’s banking activities.
Article 3. Foreign legal entity, governmental agency, or domestic or foreign financial institution may apply for an account with the Bank.
Foreign legal entity means a legal entity organized under foreign law, while a branch of the said foreign legal entity authorized to conduct business within the territory of the Republic of China (Taiwan) is precluded.
Article 4. The Bank shall examine the authenticity and retain copies of the following documents submitted by corporation or other legal entities when either of which applies for an account with the Bank.
(一) 公司或其它法人章程。 (a) The charter of corporation or other legal entities;
(b) Certificate of incorporation or registration documentations of other legal entities;
(c) Qualification documentation of the representative of the corporation or other legal entities;
(d) Identification document or passport (required for non-ROC citizens) of the representative;
(五) 股東或董事名冊。(e) List of Shareholders or directors; and
(六)其它認證需要之文件(如在香港注冊者需另提供商業登記證Business Registration Certificate﹞且其有效期限不能逾期等)。
(f) Other documents (e.x. Business Registration Certificate are required for those corporations registered in Hong Kong and the effective period of the forgoing Certificate is not expired) required for authentication purpose.
Applicant officially appeared on the Refusal of Deal List shall not be allowed to apply for an account with the Bank.
In connection with the examination process in accordance with the foregoing subparagraph of this article, the Bank receiving the application for an account by an applicant shall obtain relative information from the Taiwan Clearing House, or the applicant shall, upon demand by the Bank for purpose of its examination, provide the Bank with a credit report of checking transaction pursuant to the Guidelines for Processing the Inquiry for Checking Transaction Credit Information.
Article 5. Governmental agency or offshore financial institution applying for an account with the Bank shall submit all documentations the Bank requires, comply with all applicable procedures for applying for an account with the Bank, and notify the Bank with formal letter.
Article 6. In connection with applying for an account with the Bank, the representative as shown on the certificate or other documentations shall act on behalf of the corporation or other legal entities; or alternatively, the Bank may conduct a field investigation to ascertain the alleged legal status of such representative in lieu of requiring the representative to act on behalf of the corporation or other legal entities.
In the event the representative of corporation, other legal entities, governmental agency, or domestic or foreign financial institution do not leave a sample of the drawer’s seal with the Bank for an OBU foreign currency checking account, the representative shall file out a power of attorney to authority an agent to act on behalf of the representative, who shall assume legal obligations resulting form the act of the agent.
Article 7. An OBU foreign currency checking account shall not receive or pay cash denominated in foreign currency, or be withdrawn in the form of New Taiwan Dollar. Upon issuing a check, there shall be parallel line marked on the check (declaring deposit only), name of the payee, and prohibition on negotiation by endorsement and on drawer cash out by an agent. For check book issued by the Bank in their printed form for the account holder, there shall be parallel line marked on the check (declaring deposit only) and appear the word “check”on the check.
The Bank shall withdraw any check denominated in foreign currency at OBU for failing to satisfy the requirements set forth in the foregoing paragraphs of this article.
Article 8. OBU shall, upon agreement of the parties affected by a check transaction, specify the name and the place of business of a bank (the “designated bank”), which is the same as the one approved by the Central Bank of China (Taiwan) for purpose of conducting foreign exchange banking activities for the OBU pursuant to Article 4 of the Offshore Banking Act, and enter into agreement with those affected by the check transaction that presentment for payment shall be made with the designated bank as opposed to the OBU.
Article 9. Within the preliminary period after the regulatory agency authorized OBU foreign currency checking account, check clearing shall be accomplished through settlement among peer banking institution accounts. Payer bank shall, upon receiving check denominated in foreign currency, pay the collecting bank the amount of presentment within three business days according to the direction of the collecting bank, or return the check denominated in foreign currency to the collecting bank with reason for dishonoring the check.
Article 10. In the OBU Foreign Currency Checking Account Agreement, in terms of the agreement of the account holder, the Bank may, upon inquiry of third party, disclose information such as the opening date of an account, the capitalization and revenue of a legal entity, records of dishonor and reimbursement, notification of refusal of deal by the Taiwan Clearing House, and other information (including those of affiliated accounts) relating to check credit reports.
Article 11. With respect to the activities of account opening procedure and blank check issuance of OBU Foreign Currency Checking Account, the Bank shall designate a department or personnel responsible for implementing internal investigations randomly and include such activities in the mandatory items of routine investigation conducted by the auditing department.
Article 12. Upon request by a depositor, the Bank may print the name, telephone number or address on blank checks, or the specified format designed by the depositor.
Article 13. The OBU Foreign Currency Checking Account Agreement shall include a provision regulating the disposition of dormant account.
Article 14. The Rules do not preclude other rules or regulations which the Rules do not prescribe.
Article 15. The Rules are effective upon resolution of the Board of the Association implementing or amending the Rules.
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