Amendments to the “Regulations Governing Transactions Other Than Loans between Insurance Enterprises and Interested Parties”
To ensure consistent supervisory treatment of financial institutions under its jurisdiction, the FSC amended Article 3 of the aforesaid Regulations on 28 April 2020 to coordinate with a 12 April 2019 official interpretation of Article 45 of the“Financial Holding Company Act.”The amendment of Article 3 provides that, the scope of the “person” of “third parties with an interested relationship” includes both juristic persons and natural persons. In addition, if an interested party of an insurance enterprise has not been directly involved in any transaction between the insurer and such third party, and if the two transactions are executed under different contracts, the aforementioned Regulations do not apply to the interested party. The FSC also amended Article 4 to provide that: (a) when an insurer acquires or disposes of exchange traded notes (ETNs) issued by an interested party, the insurer maydo so by means of a general authorization; and (b) when aninterested party of an insurer is a company that “concurrently operates” a securities investment trust enterprise (SITE) or a securities investment consulting enterprise (SICE), transactions that it conducts using assets under management in accordance with the“Regulations Governing the Conduct of Discretionary Investment Business by Securities Investment Trust Enterprises and Securities Investment Consulting
Enterprises” may be handled pursuant to regulations that apply when the interested party is a SITE or SICE, i.e. the managing department is granted a general authorization to engage in those transactions.
Visitor： 533 Update： 2020-06-17