Rule · CBC · 5 Feb 2021
Amended on February 5, 2021, these Directions govern electronic interbank funds transfer and settlement operations using the CBC Interbank Funds Transfer System. The text defines key terms including interbank funds, clearance, settlement methods such as real-time gross and deferred net settlement, and participant entities like financial institutions and clearing institutions. It establishes application procedures for online institutions and clearing institutions, requiring specific staffing, security controls, and operational rules. The regulations mandate that real-time transfers execute immediately if available balances are sufficient, while forward transfers can be scheduled up to one year in advance, and impose obligations on participants regarding account maintenance, system stability, and compliance with consumer protection laws.
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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
Announced Date: March 20, 1995
Amended Date: Amended on February 5, 2021;effective from February 5, 2021
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I. General Provisions
1.
2.
(1) Bank funds- reserve accounts A.
(2) Other financial institution 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) Clearing Institutions.
The term "Clearing Institutions" as referred to in the second subparagraph of the preceding paragraph shall cover clearing institutions for the clearance of checks, electronic payments, and securities.
The term "securities" as referred to in the preceding paragraph shall include bills, bonds, and stocks.
4.
5.
Settlements may be executed by means of one of the following methods:
(1) Real-time gross settlement: payment instructions will be settled in real time on a transaction-by-transaction basis.
(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.
(3) Other methods of settlement consented by the Bank.
6.
7.
8.
8-1.
8-1. The term "securities settlement funds transfer" as referred to in these Directions shall mean transactions in which securities firms entrust a designated bank to transfer settlement funds to Clearing Institutions by using the CBC Interbank Funds Transfer System or in which Clearing Institutions transfer settlement funds to the bank designated by securities firms by using the CBC Interbank Funds Transfer System.
8-2.
8-2. The term "credit card settlement funds transfer" as referred to in these Directions shall mean transactions in which issuers of credit cards or the designated banks by issuers transfer payables to Clearing Institutions or in which Clearing Institutions transfer receivables to acquirers or the designated banks by acquirers by using the CBC Interbank Funds Transfer System.
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) Securities firms approved under the Securities and Exchange Act that have applied to participate in the securities clearing system in accordance with Clearing Institutions operating rules.
(3) Other financial institutions or government bodies 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 electronic payment or securities clearing system.
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 specifications of the Department of Information Management of the Bank.
(4) Application to arrange online operation tests in accordance with testing plan outlined by the Department of Information Management of the Bank.
(5) Consultation with the Department of Information Management 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 operations director and one deputy operations director, responsible for assigning duties, security control and connections with the Bank.
(2) A team of two to ten 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 the authorized transmission and data entry positions, nor can personnel in either of these 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 IDs and passwords as specified in the preceding paragraph and the second paragraph of preceding Drection shall access the "update user password" field at an online institutions' workstation to change their passwords.
Where authorized transmission personnel leave the institution or are transferred to another post, cancellations of user IDs and passwords for such personnel shall be carried out by the online institution operations director by accessing the "cancel authorized transmission personnel" field on the online institution's workstation.
23.
Section 2: Clearing Institutions
24.
(1) A license or document showing the competent authority's approval for establishment.
(2) The articles of institution.
(3) The institution's operating rules.
(4) A description of its clearing 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 boards of directors and supervisors, board-management relationship regarding powers and responsibilities, checks and balances mechanism (such as sound internal control, risk management, and audit systems) and performance management mechanism (such as business goals and how to achieve such goals, and how to disclose the achievement of goals to the shareholders, users, and the competent authority representing public interests).
(6) A commitment to abide by these Directions and other relevant provisions.
The Bank will not grant consent to an application if any of the documents listed in the preceding paragraph or information required therein is incomplete. The same provision applies if the incomplete documents or information are not supplemented 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) Internal controls and risk management measures for payment clearing and settlement operations.
(6) Procedures for dealing with errors or negligence in the transmission of payment information.
(7) Business continuity 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) A system designed to ensure the smooth completion of each day's settlement procedures.
(5) Fair and open standards for participation.
(6) Security and backup measures to ensure 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.
(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 event and for sharing any loss.
27-1.
27-1. Where a Clearing Institution needs to open a special settlement account at the Bank, it shall apply in the same manner as stated in Direction 17 stated after the Bank has agreed to handle settlements of net credit or net debit positions between the Participant Entities.
The special settlement account mentioned in the preceding paragraph is used only for a Clearing Institution's intraday payments or receipts of settlement funds, and the balance at the end of the day shall be cleared. If the balance has not been cleared, the Bank may list such balance as other payables temporarily to match with the ledger -closing of the CBC Interbank Funds Transfer System.
28.
(1) Electronic fund transfers for transactions above a specified amount.
(2) Securities transactions settled with delivery-versus-payment.
(3) Foreign exchange transactions involving a foreign currency and New Taiwan Dollar settled with delivery-versus-payment.
The specific amount for transactions referred to in the first subparagraph of the preceding paragraph shall be separately prescribed by the Bank.
29.
The changes referred to in the preceding paragraph shall be notified to the Bank within three months after the change has taken place.
Prior consent from the Bank is required before a Clearing Institution may engage in any of the following activities:
(1) Suspension of business operation.
(2) Merger or dissolution.
(3) Transfer of whole or major parts of its business or properties.
(4) Acceptance of transfer of whole or major parts of another’s business or properties.
(5) Operating or investing in other payment clearing or settlement businesses.
(6) Other activities as prescribed by the Bank.
29-1.
29-1. If handling of settlements by the Bank is still needed after the merger of a Clearing Institution with other institution(s), such Clearing Institution and other institution(s) shall jointly submit the following documents to the Bank for consent to the merger before the merger takes place:
(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 the financial system.
(2) A corporate governance statement: including ownership structure, composition of the boards of directors and supervisors, board-management relationship regarding powers and responsibilities, checks and balances mechanism (such as sound internal control, risk management, and audit systems) and performance management mechanism (such as business goals and how to achieve such goals, and how to disclose the achievement of goals to the shareholders, users, and the competent authority representing 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.
If the Bank consents to the merger in accordance with the preceding paragraph, the surviving or newly established institution after the merger shall submit a letter together with relevant documents to apply for the Bank’s handling of settlements in accordance with Direction 24.
29-2.
29-2. A Clearing Institution shall promptly notify the Department of Banking of the Bank if it is in any of the following situations:
(1)Filing for reorganization, composition or bankruptcy, or being declared bankruptcy.
(2)Experiencing business interruption owing to problems in system operation.
(3)Having a cybersecurity incident that affects the security or efficiency of its clearing and settlement operation.
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 itself 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.
38-1.
38-1. If an interbank fund transfer relates to a securities settlement, it can only be processed with a real-time transfer. Each instruction shall include the items prescribed in paragraph 1, Direction 38, and additional information such as the transferor or the transferee securities firm's account number, account name, or code.
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 payables for negotiable instruments cleared by the clearing house, securities settlement funds transfers, credit card settlement funds transfers or funds appropriated to the "interbank funds transfer guarantee special account" by the financial institution.
(3) Third class: Funds for forward transfers to repay interbank call loans when due.
(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 other laws or regulations stipulate payment through the issuance of a note with the Bank as the payer, the online institution may transfer funds from its account in the "CBC Interbank Funds Transfer System" to the account designated by the Bank 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 funds into the online institution's account.
The provisions in Directions 40 ~ 43 herein shall apply mutatis mutandis to the situation where a deduction is made from the account of the online institution by the Bank in accordance with prior agreement as stipulated in subparagraph 1 of the preceding paragraph.
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.
A Clearing Institution may transfer funds several times during the daily settlement period, while transmitting and managing transfers initiated by itself.
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 "Designated Time" as referred to in the preceding paragraph shall be coordinated and determined by and between the check clearing institution and the Participant Entity, and reported to the Bank for record.
Check clearing institutions shall monitor whether any Participant Entity fails to replenish sufficient funds for balance payable, promptly remind and urge such Participant Entity to replenish funds, and keep track of whether the Participant Entity has funds to be transferred in.
Check clearing institutions shall not post the balance receivable of a Participant Entity to its non-interest-bearing reserve account until having completed the deduction and transfer procedures in accordance with Paragraph 1 hereof.
If a Participant Entity is unable to pay the balance payable in whole or in part, check clearing institutions shall complete the day's settlement operation in accordance with Article 18 of the "Regulations Governing the Business of Negotiable Instruments Exchange and Clearance of Accounts among Banks."
Section 3 Securities Funds Settlement
53-1.
53-1. Paragraphs 1,3,4,5 of Direction 50, and Direction 51 shall apply mutatis mutandis to securities funds settlement.
53-2.
53-2. A Clearing Institution applying to the Bank for settlement of funds under delivery-versus-payment arrangements for securities transactions in accordance with subparagraph 2, paragraph 1, Direction 28 shall transmit transaction-by– transaction or the netting balance of each transaction cleared in accordance with the offsetting mechanism to the Bank for settlements.
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.
If an online institution is unable to complete the related operations in accordance with the schedule set in the preceding paragraph and must apply for an extension, the institution shall do so in accordance with the operating procedures established by the Bank.
Ⅸ、 (Deleted)
64.
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