Policies and Regulations of Non-Hedge Trading and USD/TWD Denominated Products 1 Contents Brief on TAIFEX Foreign Futures Enterprises Application Procedure Status quo and proposed Changes ID system Omnibus account Trading and settlement of omnibus account Position limits for overseas Chinese and foreign investors Account Structure and Forex Regulation 2 Brief on TAIFEX The development of Taiwan Futures Market Market structure Clearing procedure TAIFEX products Market updates 3 The development of Taiwan Futures Market 1997.03 1997.9.9 1998.7.21 2001.12.24 2002.11 2003.12 2004.1.2 Futures Trading Law was promulgated The Taiwan Futures Exchange (TAIFEX) was established 1st equity futures contract (TAIEX Futures) was launched 1st options contract (TAIEX Options) was launched Futures Advisory business was opened Managed Futures business was opened 1st bond futures contract Gov. Bond Futures was launched 2004.5.31 30-day CP Interest Rate Futures was launched 2004.10.14 Award the " Derivatives Exchange of the Year 2004" by Asia Risk 2005.3.28 Electronic Sector & Finance Sector Index Options were launched 4 Market Structure Financial Supervisory Commission / Securities & Futures Bureau TAIFEX Individual Clearing Member General Clearing Member FCM Settlement Banks FCM FCM Fund transfer CTA CPO IB IB Customers CPO CPO Fund transfer CNFA (Chinese National Futures Association) Settlement Banks 5 Clearing procedures FSC/SFB TAIFEX Position Management Settlement/Clearing Trading report Discretionary operation Submit tickets to CTA CPO IB Deal-done report FCMs Margin deposit / orders Clearing Member Settlement request Deal-done report Customers 6 TAIFEX Products Futures TAIEX Futures TE Futures TF Futures Mini-TAIEX Futures TSEC Taiwan 50 Futures Equity Index Futures Government Bond Futures Commercial Paper Interest Rate Futures Interest Rate Futures Options TAIEX Options Finance Sector Index Options Electronic Sector Index Options Equity Options 7 Market Growth 70,000 356.15 400 64,760.88 Total trading volume 60,000 59,146.38 Average daily trading volume 300 50,000 unit:thousand 237.14 40,000 200 31,874.93 30,000 20,000 10,000 128.07 7,944.25 4,351.39 32.03 1,926.79 277.911,077.67 7.11 19.25 4.52 2.22 100 /0 9 20 05 20 04 20 03 20 02 20 01 20 00 0 19 99 19 98 0 8 The number of trading accounts Total trading accounts is up to 1,100,257, including 1,094,344 of individual and 5,913 of institutional investors. 120 106.66 102.17 100 82.00 unit: 10,000 80 56.90 60 40 30.50 37.09 22.60 20 0 Year 1999 2000 2001 2002 2003 2004 2005/09 9 Trading behavior Institutional investors 100% 94.41% 92.44% Individuals 90.49% 80.74% 80% 68.57% 65.02% 57.61% 60% 42.39% 40% 31.43% 34.98% 19.26% 20% 5.59% 7.56% 9.51% 0% 1999 2000 2001 2002 2003 2004 2005/09 10 Worldwide Ranking Year Market Turnover World Ranking Growth Rate Ave. Daily Trading Vol. 1998 277,909 57 - 2,223 1999 1,077,672 47 287.8% 4,522 2000 1,926,789 44 78.79% 7,110 2001 4,351,390 38 125.84% 19,252 2002 7,944,254 35 82.60% 32,033 2003 31,874,934 26 301.23% 128,067 2004 59,146,376 85.56% 237,144 2005 48,005,840 162.33% 346,220 Jan.~Jul. 20 18 Data Resource: Futures Industry Association 11 TAIEX Options (TXO) The world' s top 10 index options-TXO ranked No. 5 in the category. Rank Contract Exchange Trading Volume of 2004 1 KOSPI 200 Index Options Kofex 2,512,125,963 2 Dow Jones Euro STOXX 50 Index Options Eurex 70,938,301 3 CAC 40 Index Options Euronext 63,152,339 4 SPX S&P 500 Index Options CBOE 49,472,117 5 TAIEX Index Options TAIFEX 43,824,511 6 DAX Index Options Eurex 42,081,067 7 TA 25 Index Options Tel-Aviv Stock Exchange 36,792,551 8 FTSE 100 Index Options Euronext 17,866,310 9 AEX Index Options Euronext 17,093,573 10 Nikkei 225 Index Options Osaka 16,560,874 Data: Trade Data Global Service. 12 Derivatives Exchange of the Year 2004 TAIFEX awarded by Asia Risk on Oct 14, 2004 The best practices and innovation in derivatives and risk management in Asia-Pacific. Innovative and well-infrastructure in derivatives market, commodity as well as information of the year. 13 Foreign Futures Enterprises Application Procedure Overview of Establishment Criteria for Futures Enterprises (p.14-1) FCM Concurrent futures business operator IB Flowchart of Application for Establishment of FCMs (p.14-2) 14 Status Quo Legal basis Regulations Governing Investment in Securities by Overseas Chinese and Foreign Nationals (Article 4-2) Guidelines for Futures Trading by Overseas Chinese and Foreign Nationals Trading purpose Only for the purpose of hedging a position on domestic securities. Only hedge account is allowed to be opened. Investment limits and restrictions Long hedge: The aggregate market value of long positions on futures and options shall not be more than the combined holding of NTD cash and cash equivalent. Short hedge: The aggregate market value of short positions on futures and options shall not be more than the total market value of securities holdings. Investment limit: The aggregate amount of the initial margins required for futures contract, premiums required for buying of options, combined with the investment in money market instruments shall not be more than 30% of inwardly remitted funds. 15 Proposed Changes Legal basis Futures Trading Law. Trading purpose Trading purpose is not restricted. Investment limits and restrictions Position limit: According to rules governing position limits for various products. Foreign institutional investors (the same as local institutional investors) may apply for exemption of position limit. Fund regulation: Margin deposit/withdrawal in US Dollar only. Offshore Funds shall be separated into two different accounts for securities and futures markets, respectively. 16 Proposed Change-cont. Side-effect after change: Foreign investors may trade futures products for non-hedge purpose through an direct account or an omnibus account. The benefiaries: overseas Chinese and foreign investors (including corporations and individuals). 17 Proposed methodology for nonhedging trading by foreign investors The omnibus account agreement should indicate the, party who is obliged to file details of positions held by individual clients FCM3 TAIFEX FCM2 Foreign FCM 2 ( (Omnibus acct 2) Foreign FCM 1 (Omnibus acct 1) Foreign investor Foreign investor (individual acct) (individual acct) FCM1 Foreign investor Foreign investor (Direct acct B) (Direct acct A) Foreign FCM、 and foreign Investors shall obtain an ID before opening an account through the custodian banks. 18 Proposed targets of futures market relief Omnibus account Direct account Offshore institutional investor Offshore overseas Chinese and foreigners Obtain ID thru custodian bank Foreign FCM Onshore institutional investor Onshore overseas Chinese and foreigners Obtain ID thru local securities firm or FCM Individual client May apply for exemption of position limit 1. First obtain ID. 2. Comply with position limits for the commodity (corporation or individual) 1. First obtain ID. 2. Omnibus account is not subject to position limit, but individual clients under the omnibus account will be assigned an ID and subject to position limits for regular accounts. 19 ID System Single ID: Single ID system will apply to foreign investors who trade in the futures market. A foreign investor that has already had an ID issued by Taiwan Stock Exchange Corporation (TSEC) for investment in domestic securities can use the same ID for futures trading and vice versa. Every foreign investor must obtain an ID before trading futures. The ID may be applied through a local FCM or securities firm for onshore foreign investors, and through a custodian bank for offshore foreign investors. 。 20 Qualifications of a foreign investor to open a futures trading account Direct account The requirements are the same as the prevailing regulations. Omnibus account— eligible offshore foreign FCM A clearing member of a foreign futures exchange sanctioned by Taiwan’s regulatory authority. Its home office or branch in Taiwan is free of disciplinary action imposed by securities or futures authorities or selfregulatory organization to suspend its securities or futures brokerage practice in the past year. Free of incident of violating futures or securities trading agreement signed with the futures exchanges in home country or Taiwan in the past three years. 21 Restrictions on account opening Direct account Foreign investors may open more than one futures account with a local FCM, or with several local FCMs. Omnibus account An offshore foreign FCM may open more than one omnibus account with a local FCM; an offshore foreign FCM may also open an omnibus account with different local FCMs on account of its trading strategy or clientele attributes. Only TAIFEX clearing member may accept the opening of omnibus account by foreign FCMs. 22 Procedure for opening direct account Step1:obtain an ID Fig1 overseas Chinese and foreign investors obtain an ID overseas Chinese and foreign investors ID application request Provide ID & certification onshore:FCM or local securities firm Apply ID download abtain ID offshore:costodian bank TAIFEX ID registration system Step2:overseas Chinese and foreign investors account opening procedure Fig2 overseas Chinese and foreign investors account opening procedure overseas Chinese and foreign investors 1.apply to open an account 2.qualificati on review 3.Sign service agreement 6.open a foreign exchange account 4.upload account opening data Local FCM TAIFEX 5.ask for supplemental information or cancel the account Bank 23 Procedure for opening omnibus account Fig. 2 Omnibus Account Opening Procedure A. Offshore foreign FCM (Omnibus account holder) Enlist or assign B.A local agent or representative 8. A foreign FCM and its local agent representative can apply for authentication for the electronic filing system at the same time 1.Apply to open an omnibus account 2. Qualification review 3. Agree to party responsible for filing position report 5. Upload account opening data Local FCM 6. Send written information TAIFEX 6a. Ask for supplemental information or cancel the account 4. Sign service agreement 7. Open a foreign exchange account Bank 24 Trading and settlement of omnibus account Place order Place order Client Transaction confirmation Collect margin Foreign FCM Place order (through omnibus account) Trade confirmation Local FCM Trade confirmation TAIFEX Collect margin The trading and settlement between foreign FCM and its clients shall be undertaken pursuant to the regulations of the home country of foreign FCM Foreign FCMs are not required to disclose trading information and identities of individual clients behind the omnibus account to local FCMs. The omnibus account can be treated and processed as a single account for trading and settlement purpose. Trading: Local FCM will treat each omnibus account as a trader and place orders by each the omnibus account. Individual clients under an omnibus account may apply for position offset, designated options combination for strategic purpose, and designated position offset to reduce margin payment. 25 Position limit of direct account Position limit is regulated according to the prevailing ID system. Position limits are the same as those for local individuals and corporations. Exemption of position limit Institutional investors may apply for exemption of position limit. The extent of relaxation will be regulated by rules to be prescribed. Actions in case of over-limit: Same as those for local investors where the FCM will be notified to stop accepting new orders from the account. 26 Position limit of omnibus account Position limit Omnibus account is not subject to position limit. Individual clients under the omnibus account will be assigned an ID and subject to position limits for regular accounts. 27 Account Structure and Forex Regulation Margin account TAIFEX, clearing members, FCM and local traders open both a NTD margin account and a USD margin account, while offshore foreign investors only need to open a foreign currency account. Margin payment 【Overseas Chinese and foreign investors】 Deposit and withdraw margin in USD only. Forex regulation Pursuant to Regulations Governing Foreign Exchange and Rules for Declaring Receipt, Payment and Transaction of Foreign Exchange. 28 Margin System Commodity NTD-denominated (TAIEX futures, options) USD-denominated (gold futures, index futures and options) Margin USD USD Settlement NTD (authorize FCM to settle exchange in USD when depositing and withdrawing margin) USD Margin NTD USD Settlement NTD USD Trader Overseas Chinese and foreign investors Locals 29 【FIG.1】 Margin and Trading Flow Process for Overseas Chinese and foreign investors Futures margin ( USD ) Daily Trading position Settlement position Client’s position Client FCM places order (buy/sell) VISIO CORPORATION $ Deposit margin Check immediately whether margin deposit is sufficient FCM’s margin account Clearing member’s margin account No Reject order 足 TAIFEX matches trade Automatic offset of long/short positions in the same account (netting) TAIFEX Margin account Member FCM VISIO CORPORATION $ Margin short Mark-to-market USD margin call Member FCM VISIO CORPORATION $ Margin equity short 足 Daily account settlement Deposit margin Member FCM Settlement upon expiry VISIO CORPORATION $ Payment upon expiry Loss : Remit in funds Gain : Remit out funds Settlement upon expiry Gain/loss of open positions (Settlement netting) 【 Description】 Overseas Chinese and foreign investors pay margin in USD for trading of US-denominated products. 30 【Fig. 3 】 Futures Margin Payment Scheme NTD and USD Denominated commodities USD futures margin account TAIFEX NTD USD NTD USD futures margin account Clearing member NTD futures margin account USD NTD USD futures margin account FCM USD futures margin account NTD USD futures margin account NTD Investor Offshore foreign investor Local and onshore Foreign investors Local and onshore Foreign investors 【Description 】 A. Principles 1. Offshore foreign investors will deposit and withdraw margins for USD and NTD denominated commodities in USD. 2. Local and onshore investors will deposit margins for USD-denominated commodities in USD, or in NTD through a FCM who will exchange it into USD ; local and onshore foreign investors will pay margin in NTD for NTD denominated commodities. B. Advantages To engage in futures trading, offshore foreign investors will remit the funds in and out in USD, which helps lower the risk of NTD exchange rate fluctuation and does not impact the foreign exchange market. 31 Contact Us Visit Our web site at : WWW.TAIFEX.COM.TW Trading: Wen-Lin Chou Annie Hsu Maggie M.Y. Chien E-mail: wlchou@taifex.com.tw TEL:886-2-23695678 ext.126 E-mail: annie@taifex.com.tw TEL:886-2-23695678 ext.118 E-mail: maggie@taifex.com.tw TEL:886-2-23695678 ext.116 Clearing: Jean Yang Simon Chen TEL:886-2-23695678 ext.170 E-mail: simonc@taifex.com.tw TEL:886-2-23695678 ext.171 Business Development: Ben Yen E-mail: yjp@taifex.com.tw TEL:886-2-23695678 ext.240 Rita Tsai E-mail: ritatsai@taifex.com.tw TEL:886-2-23695678 ext.249 32