Market Link Guide - Taiwan
CSD link as defined under CSDRa
Type of link
a. CSD Regulation (EU) No 909/2014, Article 2(29).
Taiwan Depository & Clearing Corporation (TDCC).
Deutsche Bank AG, Taipei branch
Country of incorporation
Legal Account name/holder
Clearstream Banking S.A.
Clearstream Banking S.A.
|Settlement free of payment|
|Settlement against payment|
|Settlement against payment in central bank money account of CBL/CBL customers|
No DVP settlement
Except when the local CSD imposes the partial delivery of securities.
|Settlement penalty fees|
Only for matched trades, subject to availability of a trade execution report from the broker.
Registration takes place automatically upon settlement.
|Multi Market Securities|
|Lending and borrowing|
There is typically no meeting set up for international bonds. Only on very rare occasions will there be a meeting.
|Liquidity Hub Connect|
|Sale and purchase of rights|
|Moment of entry of instructions|
The CSD rules do not define the moment of entry within the meaning of the Settlement Finality Directive.
|Irrevocability of instructions|
All trades in TWSE and TPEx are irrevocable.
|Finality of instructions|
All trades in TWSE's and TPEx’s markets are locked-in. The settlement of funds and securities from securities firms to TWSE/TPEx is final and irrevocable.
The below section is based on the legal opinion that was issued on 23 March 2021. The information is provided for guidance only and should not be considered in isolation or as constituting a complete or definitive legal advice on any specific matter.
No insolvency proceedings against the account operator or the CSD
Liability for negligence
The laws of Republic of China (ROC) do not expressly provide for the CSD's liability for negligence. Thus, actions brought against CSD for negligence of CSD would be based on breach of contract.
Book-entry regime with in rem rights
Local law does not clearly define the nature of CBL's right akin to a right in rem.
No entitlement of the account operator/CSD
Recognition as direct CSD account-holder
Recognition of nominee concept
The regulations governing the operations of CSD do not expressly characterise the Direct CSD Account as nominee account. However, although the Direct CSD Account is opened in the name of CBL, the joint ownership rights of customers would be recognised under general concepts of ROC law.
No right of retention to the account operator/CSD
Statutory liens or right of retention as may arise from sums due to the account operator or the CSD for such claims as may arise from the purchase, administration or safe custody of these securities.
Segregation of assets at the CSD
There is no express legal or regulatory requirement that the CSD segregates its own assets from the assets held for its account holders. However, under the agreement with the CSD, the CSD is contractually obligated to do so.
No right of use
No upper-tier attachments
There is no express prohibition under ROC laws and regulations on creditors of CBL's customers to attach securities owned by such customers and credited to the Direct CSD Account. However, such creditor needs to prove that the relevant customers are entitled to the relevant securities.
Insolvency of account operator/CSD with no impact on CBL's rights
Account Operator: the account operator is not subject to ROC law and insolvecy of the account operator would be determined in accordance with the laws governing the account operator.
CSD: under ROC Bankruptcy Law, CBL's right to act on behalf of its customers to assert legal title over and to recover the securities held in the Direct CSD Account may be exercised during the bankruptcy proceeding in accordance with the procedures set by the relevant bankrupt administrator.
Shortfall pro-rated among holders
There is no express provision under the CSD Rules and applicable laws and regulations that address the handling of shortfall.
|Record keeping period of at least 10 years|
Settlement finality in case of insolvency
Local laws and regulations do not provide for finality.