Rule · CBC · 16 Jun 2006
The document establishes regulatory requirements for the CBC Interbank Funds Transfer System, defining terms for interbank funds, clearance, and settlement methods including real-time gross and deferred net settlement. It mandates that financial institutions and clearing institutions obtain Bank approval, adhere to specific operational, security, and risk management standards, and comply with queuing mechanisms for transactions with insufficient available balances. The rules specify priority classes for queued payments, procedures for forward transfers, and the Bank's authority to suspend or terminate settlement services for non-compliant entities.
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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content
Article Content
Title:
Directions for the Central Bank of the Republic of China (Taiwan) to Govern Electronic Interbank Funds Transfer and Settlement
Inactive Regulations
Announced Date: March 20, 1995
Amended Date: June 16, 2006
[Print]
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I. General Provisions
1.
2.
(1) Bank funds-Type I reserve accounts
(2) Other financial industry funds
Funds in internal operating accounts opened at the Department of Banking by the Bank's various units will be deemed "interbank funds" as referred to in the preceding Paragraph.
3.
(1) Financial institutions
(2) Check clearing institutions
(3) Electronic payment clearing institutions (hereafter referred to as " Clearing Institutions")
4.
5.
Settlements may be effected by means of one of the two following methods:
(1) Real-time gross settlement: payment instructions will be effected in real time and gross in the order they are received.
(2) Deferred net settlement: payment instructions will first be offset against each other and performed at designated times based on the resulting net- credit and net-debit positions.
6.
7.
8.
9.
(1) Book balance: refers to the resulting book amount after a transaction has been executed and completed; if the book balance is negative, it indicates intraday overdraft.
(2) Available balance: refers to the total of book balance plus intraday overdraft granted by the Bank.
The term "intraday overdraft" as referred to in the preceding Paragraph shall mean advances that the Bank provides to interbank funds accounts of financial institutions during daily business hours in accordance with the "Directions for the Conduct of Intraday Overdrafts of the Central Bank of the Republic of China (Taiwan)"; the term "intraday overdraft limit" refers to the intraday overdrafts credit that the Bank grants to a financial institution as per application in accordance with the said Directions.
10.
11.
(1) Financial institutions required to deposit reserves under the Central Bank of the Republic of China (Taiwan) Act.
(2)Other financial institutions or government bodies as approved by the Bank.
12.
(1) Real-time transfer: refers to a transaction that shall be executed immediately at the time it is received.
(2) Forward transfer: refers to a transaction that is held pending acceptance and shall be executed at the designated time.
The forward transfer as refrred to in the preceding Paragraph shall mean a transaction that the transferor bank may initiate a payment instruction to be executed on any business day within one year following the initiating date.
13.
(1) Payments of negotiable instruments.
(2) Settlements of net-debit and net-credit positions from the exchange of bills.
(3) Settlements of net-debit and net-credit positions through other payment systems.
14.
15.
16.
Ⅱ. Application and Management
Section 1: Financial institutions
17.
18.
(1) Designation of staff responsible for an operation plan.
(2) Drafting a schedule for the implementation of the online operation plan.
(3) Preparation of hardware and software for online operations as per Information Management Office of the Bank specifications.
(4) Application to arrange online operation tests in accordance with testing plan outlined by the Information Management Office of the Bank.
(5) Consultation with the Information Management Office of the Bank on other matters relating to the establishment of online connections.
19.
The Department of Banking of the Bank will notify all other online Institutions when an institution becomes a new online institution in accordance with the preceding Paragraph.
20.
(1) One operation director and one deputy operation director, responsible for the arrangement of internal matters, security control and connections with the Bank.
(2) Two to eight authorized transmission staffs, responsible for the verification and transmission of various fund transfers and corrections, as well as deposit, pledge, and cancellation of collateral.
(3) A certain number of data entry personnel, responsible for entering fund transfer data, corrections, and information for inquiries.
No personnel may concurrently serve in both authorized transmission and data entry positions, nor may personnel in either of the former two positions undertake security control.
21.
The operation director referred to in the preceding Paragraph shall be issued a user ID and an initial password by the Department of Banking of the Bank, for the exclusive purpose of canceling the registrations of authorized transmission personnel. The operations director shall himself/herself transfer the user ID and password when a new operation director assumes the position.
22.
Authorized transmission personnel issued with individual user ID and password as specified in the preceding Paragraph shall access the "update user password" field at an online institutions' workstation to change their passwords.
User IDs and passwords issued for applications submitted by Wednesday of each week shall become valid the following Monday; for applications submitted by Friday of each week, the user IDs and passwords will become valid the following Thursday.
Cancellations of user IDs and passwords for authorized transmission personnel shall be carried out by the online institution operation director by accessing the "cancel authorized transmission personnel" field on the operation director's workstation.
23.
Section 2: Clearing Institutions
24.
(1) A license or document showing the competent authority's approval for establishment.
(2) The institution's articles of organization.
(3) The institution's operating rules.
(4) A description of its electronic payment system (including computer hardware and software, network structure, security control, and business continuity plan.
(5) A corporate governance statement: including ownership structure, composition of the board of directors /supervisors, powers and responsibilities of the management and the board of directors, decision making process, system of checks & balances, separation of powers (such as internal control improvement, risk management and audit system) and mechanisms which make the management responsible for its performance (such as business goals and how to achieve such goals, how to disclose the achievement of goals to the shareholders, users and the ccompetent authority on behalf of public interests).
(6) A commitment to abide by these Directions and other relevant provisions.
Applications shall be rejected for failure to submit any of the documents listed in the preceding Paragraph or information required therein; applications shall also be rejected where the supplementation of the aforementioned documents or information is possible but not made within a specified time period.
25.
(1) Standards for the review and acceptance of Participant Entities.
(2) The rights and obligations existing between Participant Entities and between Participant Entities and Clearing Institutions.
(3) Items of business and operating hours.
(4) Settlement methods, times, and operational flows.
(5) Risk management measures for payment and settlement.
(6) Procedures for dealing with errors or negligence in the transmission of payment information.
(7) Disaster preparedness measures.
(8) Other matters related to information exchange between financial institutions.
26.
(1) Sound and effective operating rules.
(2)Transparency in information sufficient to allow Participant Entities to understand related risks and responsibilities.
(3) Clear risk management procedures.
(4) An system designed to ensure the smooth completion of each day's settlement procedures.
(5) Fair and open standards for participation.
(6) Security and back up measures to ensure the stability of operations.
27.
(1) Risk limit: including the establishment of a bilateral credit limit between Participant Entities and maximum net-debit limit for each Participant Entity. event and for sharing any loss.
(2) Risk collateral: including the standardization of guarantees or collateral items to be deposited by Participant Entities and a mechanism for shared distribution or liability for loss.
(3) Follow-up procedures: including procedures for the completion of clearance after the occurrence of the risk
28.
(1) Electronic fund transfers for transactions above a specified amount.
(2) Settlement of funds in relation to delivery-versus-payment arrangements in securities transactions.
The specific amount for transactions referred to in Subparagraph 1, preceding paragraph shall be separately prescribed by the Bank.
29.
Prior approval from the Bank is required before a Clearing Institution, as referred to in the preceding Paragraph, may engage in any of the following acts:
(1) Any changes in the Articles of Incorporation or organization;
(2) Suspension of business operation;
(3) Merger or dissolution;
(4) Transfer of the whole or any part of its business or assets;
(5) Acceptance of transfer of another’s business or assets in whole or in part;
(6) Engagement or investment in other businesses;
(7) Establishment or closure of a branch office or other business sites; and
(8) Other matters as prescribed by the Bank.
29-1.
29-1. If settlements carried out by the Bank are still required after the merger of a Clearing Institution with other institution(s), a merger application, in the names of such Clearing Institution and other institution(s) jointly, with the following documents, shall be submitted to the Bank for approval:
(1) merger plan: specifying the preliminary assessment of the decision to merge, the merger organization structure, the scheduled timing for the merger, the description of the business differences (description of differences in scope of business, principles and concrete matters concerning performance before the merger as distinguished from business conduct after the merger as well as the synergy of the merger), Computer system operation models and the impacts on Participant Entities and financial system.
(2) A corporate governance statement: including ownership structure, composition of board of directors /supervisors, powers and responsibilities of the management and the board of directors, decision making process, system of checks & balances, separation of powers (such as internal control improvement, risk management and audit system) and mechanism which make the management responsible for its performance (such as business goals and how to achieve such goals, how to disclose the achievement of goals to the shareholders, users and the competent authority on behalf of public interests).
(3) A business continuity plan of system operations (including backup facilities, risk management and contingency planning in response to different emergency conditions).
(4) Other documents as prescribed by the Bank.
The institution, whose merger has been approved by the Bank in accordance with the preceding Paragraph, shall prepare a letter with the relevant documents attached for the Bank's approval to handle settlement.
30.
31.
32.
33.
34.
35.
36.
A Clearing Institution shall clearly set forth the measures referred to in the preceding Paragraph in the relevant agreement between it and the Participant Entity.
37.
Ⅲ. Interbank Funds transfer
38.
Where a transfer has been effected in accordance with the provisions of the preceding Paragraph, an online institution may offer no opposition to the transfer on the grounds that the transmission personnel were not those originally authorized, that others assumed their role under pretense, or for any other reason.
39.
40.
41.
(1) First class: Funds payable by the financial institution to the Bank.
(2) Second class: Negotiable instruments for clearing payable by a financial Institution, the net amount payable for negotiable instrument cleared by the clearing house, or the fund appropriated to the "interbank funds transfer guarantee special account" by the financial institution.
(3) Third class: Funds for forward transfers to repay due interbank call loans.
(4) Fourth class: Funds transfers between financial institutions as well as other payments.
42.
In case a transferor bank intends to revoke a real-time transfer transaction in queue, or discovers an error in the payment instruction, it may initiate an instruction for revocation.
43.
For those transfer transactions revoked as stated in the preceding Paragraph, the Bank may issue a "Certificate of Transfer Transaction Revoked due to Insufficient Funds" as per transferee bank's application.
44.
If the designated transfer date is not a business day, the execution of the transaction shall be deferred to the next business day.
45.
Where the transferee bank in the preceding Paragraph is an offline institution, it may fill out a "Letter of Authorization for the Revocation of Interbank Funds transfer Transaction" (Format 2) to entrust the Department of Banking of the Bank to revoke the instruction on its behalf.
46.
47.
48.
(1) For payments due to the Bank from an online institution, except where the relevant laws and regulations stipulate payment through the issuance of a note with the Bank as payer, the System User may use the "CBC Interbank Funds Transfer System" to transfer funds from its online institution account to a designated Central Bank account or have a deduction made from its own account by the Bank in accordance with prior agreement.
(2) For payments due to an online institution from the Bank, the Bank shall transfer the funds into the online institution's account.
49.
Ⅳ. Interbank Funds Settlement
Section 1: Electronic payment and settlement
50.
In executing settlements as referred to in the preceding Paragraph, all participant entities with net-debit positions shall supplement those net settlement positions, after which the Bank or the agent bank designated by the Bank will transfer net-credit positions into their accounts.
Where the balance in the settlement account of a participant entity is insufficient to effect payment of amounts payable, the clearing institution shall be responsible for notifying the participant entity to make up the shortfall.
The stipulated time for settlement referred to in Paragraph 1 shall be separately prescribed by the Bank.
51.
Neither the Bank nor its designated agent banks shall bear liability for the compensation of any loss resulting from the inability to complete daily settlement on time due to the participant entity's delay in the settlement of net-debit positions.
Section 2: Negotiable instruments clearing and settlement
52.
For dishonored negotiable instruments, if sufficient funds are not replenished by 3:30 in the afternoon, they shall be returned in accordance with pertinent rules.
53.
The settlement procedure stated in the preceding Paragraph requires that all financial institutions with a balance payable make up their balance payable.
After the deduction has been completed, the Bank then posts balances receivable to their accounts.
Ⅴ. Accounting Information Inquiries
54.
55.
Where an error is discovered through an attempted verification of remittance or payment notices as per the preceding Paragraph, the relevant personnel of the Bank shall be notified immediately and the matter handled in accordance with the relevant regulations.
56.
Ⅵ. Handling of Breakdowns
57.
58.
59.
60.
61.
The payment of interest as per the preceding Paragraph, except as stipulated by a previous agreement between the parties to a transfer, shall be calculated at the weighted average of the interbank call loan rate for the number of days the payment was delayed.
Ⅶ. Fees
62.
The fees referred to in the preceding Paragraph shall be totaled once a month, with the Bank making collection through deductions from interbank funds deposit accounts or paid by check from online institutions.
Ⅷ、 Operation Schedules
63.
Ⅸ、 Transitional Provisions
64.
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