JihSun FuturesA case of punishment of a joint stock company and its employees for violating the Futures Management Act. (Finance Management Certificate No. 1110365458; Financial Management Certificate No. 11103654581)
Financial Supervisory Commission’s disciplinary action recipient: Original copy Date of issue: March 8, 112, Republic of China Issue number: Financial Supervisory Commission Qi Penalty No. 1110365458 Punished person: JihSun Futures Unified number of profit-making enterprises of a joint stock company: abbreviated address: abbreviated name of representative or manager: abbreviated address: abbreviated Purpose: to impose a fine of NT$360,000. Facts: Taiwan Futures Exchange Co., Ltd. (hereinafter referred to as the Futures Exchange) conducted an inspection on the person subject to punishment on day ○ and day ○, month ○ and day ○, and day ○ and month ○, and found that the person subject to punishment During the period of employment, the salesperson cooperated or assisted the public in trading futures on behalf of the public. The person being punished failed to perform the supervision and management responsibilities of his business personnel, and failed to implement the verification of online orders and IP customers, which is inconsistent with the person being punished. The internal control system does not comply with the regulations and has violated the Futures Management Act. Reasons and legal basis: 1. Reasons: (1) According to "Anyone who falls under any of the following circumstances shall be subject to a fine of not less than NT$120,000 but not more than NT$2.4 million:... 2. Violation of the regulations issued in accordance with Article 56, Paragraph 5... "Order" is specified in Article 119, Paragraph 1, Paragraph 2 of the Futures Trading Act; "The business of a futures commission merchant shall be conducted in accordance with laws, regulations and the internal control system of the preceding paragraph" is stated in Article 2 of the Futures Commission Management Rules. As specified in Article 2. (2) The punished person’s salesperson ○○○ (hereinafter referred to as ○○) cooperated or assisted the public ○○○ in trading futures on his behalf during his tenure, which is inconsistent with the Financial Management Certificate No. 0930005867 issued by the Association on December 7, 1993 The letter "…all futures merchants and futures trading assistants should strengthen the internal audit mechanism, and neither the company nor its employees shall engage in, cooperate with or assist in operations on behalf of customers…". Fulfill the responsibilities of supervision and management, and fail to implement the internal control system ca-21230 Salesperson Management "... Neither the company nor its employees shall engage in, cooperate (for example: intermediary, intermediary, agency or other similar activities) or assist in operations on behalf of customers "Situation" is a violation of Article 2, Item 2 of the Futures Commission Management Rules. (3) The person being punished failed to implement the inspection operation of the same IP address of the trader without a letter of appointment, and the internal control system ca-21210 entrusted trading and transaction operation at the time of the transaction "...should select a day on a monthly basis (at least one business per month should be selected) day) to screen traders with the same IP address who place online orders and handle the following matters for traders who have not issued a letter of appointment:...(2) Review traders' account opening operations, entrusted trading operations (transaction frequency, profit and loss status, order placement) type, etc.) and whether there are any abnormalities or violations of legal provisions in the statement sending operation, deposit and withdrawal operations, etc...." The provisions of Article 2, Paragraph 2 (4) of the Futures Commission Management Rules are violated. It is evidenced by the audit report submitted by the Futures Exchange on ○month, year ○, the punished person’s opinion on month ○, year ○, and the employee’s opinion on month ○, year ○, as evidenced by Article 119 of the Futures Trading Act. Paragraph 1, paragraph 2, stipulates that the ruling shall be subject to the purport of the ruling. 2. Legal basis: Article 119, Item 1, Item 2 of the Futures Trading Law, Article 2, Item 2 of the Futures Commission Management Rules. Payment method: 1. Payment deadline: Pay within 10 days from the day after this sanction is served. 2. Please make payment according to the precautions on the payment slip attached to the (agency). Notes: 1. If the person subject to punishment is not satisfied with the punishment, he shall file a petition through this Association (Banqiao District, New Taipei City) within 30 days from the day after the punishment is served in accordance with Article 58, Paragraph 1 of the Petition Law. 18th Floor, No. 7, Section 2, Xianmin Avenue) filed a petition with the Executive Yuan. However, according to Article 93, Paragraph 1 of the Petition Act, unless otherwise provided by law, the filing of an appeal does not stop the execution of this sanction, and the person subject to the sanction shall still pay the fine. 2. If the person subject to punishment fails to pay the fine within the payment period specified in this punishment, the person shall be transferred to any branch of the Administrative Enforcement Agency of the Ministry of Justice for administrative enforcement in accordance with the proviso of Article 4, Paragraph 1 of the Administrative Enforcement Act. original: JihSun Futures Co., Ltd. (To be served: Representative ○○○) Copies: Taiwan Futures Exchange Co., Ltd. (Representative ○○○), Futures Industry Association of the Republic of China (Representative ○○○), our Securities Futures Bureau (Accounting Office), Securities and Futures Bureau (Secretary Office), Securities and Futures Bureau (Futures Management Group) -------------------------- -------------------------------------------- Recipient of the Financial Supervisory Commission's ruling letter : If the original copy is issued, the date is: March 8, 112, the Republic of China. The document number is: Financial Management Certificate No. 11103654581. Person subject to punishment: Lin ○○. Unified national identity card number or foreigner’s nationality and residence permit number: Omitted address: The purpose of the policy is to stop the execution of futures business of the person being punished for 6 months, starting from March 15, 2020 to September 14, 2020. JihSun Futures Co., Ltd. (hereinafter referred to as JihSun Futures ) shall report to the Commission within 10 days from the day after this sanction is served on the execution status of the company’s personnel’s suspension of futures business. Facts: Taiwan Futures Exchange Co., Ltd. (hereinafter referred to as the Futures Exchange) traded on ○ month ○ and ○ day, ○ month ○ day and ○ day, and ○ month ○ day. JihSun Futures An investigation was conducted and it was found that the person being punished was in office JihSun Futures During this period, any cooperation or assistance in futures trading on behalf of others constitutes a violation of the Futures Management Act. Reasons and legal basis: 1. Reasons: (1) According to "...the person in charge or employee of the futures industry who violates this Act or the order issued in accordance with this Act, in addition to being punished in accordance with this Act, the competent authority may also Depending on the seriousness of the case, order the execution of its business for a period of less than 6 months..." is stipulated in Article 101, Paragraph 1 of the Futures Trading Act; subsequently, "The person in charge and salesperson of a futures commission merchant... shall not engage in the following acts:... 13. Other acts that violate the Futures Trading Management Act or are prohibited by regulations of the Commission." This is stipulated in Article 16, Paragraph 2, Paragraph 13 of the Futures Commission Managers and Salesperson Management Rules. (2) The person being punished holds office JihSun Futures During this period, he cooperated or assisted the public to trade futures on behalf of others, which is in line with the FMC’s letter No. 0930005867 dated December 7, 1993: “…All futures merchants and futures trading assistants should strengthen the internal audit mechanism. Neither the company nor its employees shall engage in, cooperate with or assist in operations on behalf of customers..." and violate the prohibited conduct in Article 16, Paragraph 2, Paragraph 13 of the Futures Commission Managers and Salesperson Management Rules. (3) The violation of the above regulations is evidenced by the inspection report reported by the Futures Exchange on January ○, year ○, and the statement of opinion of the punished person on month ○, year ○, and the punishment shall be in accordance with Article 101, Paragraph 1 of the Futures Trading Act. As the main idea. 2. Legal basis: Article 101, paragraph 1, of the Futures Trading Act, Article 16, paragraph 2, paragraph 13, of the Futures Commission Managers and Salesperson Management Rules. Note: If the person subject to punishment is dissatisfied with this punishment, he should submit a written petition through this Association (County Citizen of Banqiao District, New Taipei City) in accordance with Article 58, Paragraph 1 of the Petition Law within 30 days from the day after the punishment is served. 18th Floor, No. 7, Section 2, Avenue) filed a petition with the Executive Yuan. However, in accordance with Article 93, Paragraph 1 of the Appeals Act, unless otherwise provided by law, the filing of an appeal does not stop the execution of this sanction. Original: Lin ○○, JihSun Futures Co., Ltd. (To be served: Representative ○○○) Copies: Taiwan Futures Exchange Co., Ltd. (Representative ○○○), Futures Industry Association of the Republic of China (Representative ○○○), our Securities Futures Bureau (Futures Management Section)
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