Financial Holding Company Act｜第 4 條｜銀行｜Act｜In Force
第 一 章｜金融監督管理委員會｜v1.0
Last Amended: 2019-01-16
The terms as used in this Act shall have the following meanings: 1. "Controlling interest" shall mean holding twenty-five percent (25%) or more of the outstanding voting shares or capital stock of a bank, insurance company or securities firm, or otherwise having the direct or indirect power to elect or designate the majority of the directors of a bank, insurance company or securities firm. 2. "Financial holding company" shall mean a company established in accordance with this Act and having a controlling interest in a bank, insurance company and/or securities firm. 3. "Financial institution" shall mean any of the following banks, insurance companies or securities firms: (1) "Bank" shall mean banks as defined in the Banking Act of the Republic of China, bills finance companies and other entities designated by the Competent Authority; (2) "Insurance company" shall mean insurance enterprises established in accordance with the Insurance Law and organized as companies limited by shares; and (3) "Securities firm" shall mean securities firms engaging in businesses of securities underwriting, securities dealing and securities brokerage, or securities finance companies engaging in the securities finance business. 4. "Subsidiaries" shall mean any of the following entities: (1) "Bank subsidiary" shall mean a bank in which the financial holding company has a controlling interest; (2) "Insurance subsidiary" shall mean an insurance company in which the financial holding company has a controlling interest; (3) "Securities subsidiary" shall mean a securities firm in which the financial holding company has a controlling interest; and (4) Any other entity in which the financial holding company holds more than fifty percent (50%) of its outstanding voting shares or capital stock, or otherwise has the direct or indirect power to elect or designate the majority of its directors. 5. "Converted" shall mean the transfer of business operation or share exchange. 6. "Foreign financial holding company" shall mean a company established under foreign law that has a controlling interest in a bank, insurance company, and/or securities firm. 7. "Same person" shall mean the same natural or juridical person. 8. "Same related party" shall mean related party of the same natural person or the same judicial person. 9. "Affiliate" shall mean an enterprise to which Articles 369-1 through 369-3, Article 369-9 and Article 369-11 of the Company Act apply. 10. "Major shareholder" shall mean a natural or juridical person holding five percent (5%) or more of the outstanding voting shares or capital stock of a financial holding company or any of its subsidiaries; if the major shareholder is a natural person, the number of shares held by his/her spouse and minor children shall be aggregated into the principal's shareholding. Related parties of the same natural person referred to in Subparagraph 8 of the preceding paragraph include: (1) The principal, his/her spouse and relatives by blood within the second degree of kinship. (2) An enterprise in which the persons referred to in the preceding subparagraph hold more than one third (1/3) of its outstanding voting shares or more than one third of its capital stock. (3) An enterprise or a foundation in which the persons referred to in Subparagraph (1) hereof act as its chairman, president or directors representing the majority of directors. Related parties of the same juridical person referred to in Subparagraph 8 of the preceding paragraph include: (1) The same juridical person and its chairman and president as well as the spouse and relatives by blood within the second degree of kinship of the chairman and president. (2) Enterprises in which the same juridical person and natural persons referred to in the preceding subparagraph hold more than one third (1/3) of their outstanding voting shares or capital stock, or enterprises or foundations in which the same juridical person and natural persons referred to in the preceding subparagraph act as their chairman, president or directors representing the majority of directors. (3) The affiliates of the same juridical person.