Stock Acquisition Restrictions Eased for Discretionary Investment Personnel


   

The Financial Supervisory Commission (FSC) has further relaxed the operation of trust-type discretionary investment services by investment trust and consulting enterprises. Under the relaxed rules on the acquisition of shares by personnel handling discretionary investment services, the acquisition of shares via inheritance, surplus recapitalization, transfer of treasury stock, or the exercise of employee stock options will not be subject to conflict-of-interest restrictions.

To assure the avoidance of conflict of interest, the original rules prohibit the supervisors of specialist discretionary investment units, and investment managers, their spouses, their underage children, and third parties used to conduct the transactions, from engaging in the same kinds of transactions from the time of purchase to the time of sale, whenever the unit supervisors or investment managers are using entrusted assets to engage in the trading of stock or equity derivatives.

In consideration of special circumstances in which stocks are not purposely acquired, the FSC decided to exempt persons who acquire stocks by means of inheritance, surplus recapitalization (including employee bonuses), transfer of treasury stocks, or exercise of employee stock options from the restrictions contained in Article 19-1 of the Regulations Governing the Conduct of Discretionary Investment Business by Securities Investment Enterprises and Securities Investment Consulting Enterprises. However, such persons are still required to report the acquisition of stocks to their companies, and when they sell the stocks they should observe the rules stipulating sales restrictions, reporting, and other matters.

 

 source by : Taiwan New Economy Newsletter No. 106 /Nov. 2009


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