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Page 26 - CDIC Company Profile Ebook
P. 26

Upon founding in 1985                   Subsequent reforms


                   Recipient and                                 (1)  The CDIC may provide an insured institution with loans,
                   method of                                       deposits,  or  other  financial  assistance  when  all  the
                   financial                                       following conditions are met: the institution is critically
                   assistance                                      under-capitalized; the central competent authority has
                                                                   determined there is a need to either suspend and wind
                                                                   up the institution's business or handle its withdrawal
                                                                   from the market by various resolution methods; and prior
                                                                   to doing so, the competent authority has duly appointed
                                                                   an agency to act as conservator or to take over the
                                                                   authorities of the company's board of directors and
                                                                   supervisors.
                                                                 (2)  When  the  CDIC  provides  the  aforesaid  financial
                                                                   assistance, it should request for the full amount of
                                                                   collateral  from  the  financial  holding  company  of  the
                                                                   said institution, or any other insured institution that such
                                                                   financial holding company has dominant shares, or from
                                                                   any  farmers'  or  fishermen's  association  possessing the
                                                                   said credit department.
                                                                 (3)  The CDIC may provide other insured institutions or
                                                                   financial holding companies with funds, loans, deposits,
                                                                   and guarantees, or purchase the subordinated debts
                                                                   issued by the said insured institutions or financial holding
                                                                   companies,  in  order  to  facilitate  the  acquisition  or
                                                                   assumption of the insured institution that has been
                                                                   ordered to placed under conservatorship, or taken over
                                                                   the authorities of its board of directors and supervisors.

                   Borrowing of    None                         Addition in January 1999.
                   funds from other
                   financial
                   institutions

                   Provision of    Full amount of collateral must be   1.  Amendments adopted in January 1999:
                   collateral when    provided                   (1)  That  part  for  which  the  CDIC  is  unable  to  provide
                   applying to the                                 collateral is to be guaranteed by the National Treasury.
                   Central Bank of                               (2)  When the secured portion exceeds the CDIC's net worth,
                   the R.O.C.                                      the competent authority and the Central Bank of the R.O.C.
                   (Taiwan) for                                    (Taiwan) must apply to the Executive Yuan for approval.
                   accommodation                                2.  Amendments adopted in January 2007:
                                                                  Through a joint request by the competent authority with
                                                                  the MOF and the Central Bank of the R.O.C. (Taiwan) and
                                                                  approval by the Executive Yuan, the part for which
                                                                  collateral cannot be provided may be guaranteed by the
                                                                  National Treasury.

                   Penalty for     None                         1.  Amendments adopted in January 1999:
                   refusal  to  apply                              A fine of double the amount of the deposit insurance
                   to participate                                 premium for penalty is to be imposed.
                   in deposit                                   2.  Amendments adopted in January 2007:
                   insurance                                       Depending  on  whether  the  institution  is  a  general  fi-
                                                                  nancial institution or agricultural financial institution, the
                                                                  CDIC shall report to the competent authority to order the
                                                                  financial institution to replace its persons in charge or to
                                                                  revoke its business license.

                   Method of       As stipulated in the Company Act  1.  Amendments adopted in July 2001:
                   allocation of                                   The entire amount of the surplus remaining after the
                   the CDIC's                                     accounts are closed is placed into the Deposit Insurance
                   surplus                                        Payout Special Reserves.
                                                                2.  Amendments adopted in January 2007:
                                                                   The entire amount of the surplus remaining from annual
                                                                  income after deducting costs, expenses and losses shall
                                                                  be deposited into the Deposit Insurance Payout Special
                                                                  Reserves.

              26     <<<<                                                  Central Deposit Insurance Corporation
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