Securities and Futures Bureau

Financial Supervisory Commission’s disciplinary action recipients: Original copy Date of issuance: August 31, 2012 Issue number: Financial Supervisory Commission Qi Penalty No. 1120349297 Punished persons: 國泰期貨股份有限公司 Unified number of profit-making enterprises: abbreviated Address: abbreviated name of representative or manager: ○○○ Address: abbreviated Purpose: The person being punished violated the provisions of Article 2, Item 2 of the Futures Commission Management Rules, and complied with Article 100, Paragraph 1 of the Futures Trading Act According to the provisions of this paragraph, the person subject to punishment shall be given a warning and a fine of NT$600,000 shall be imposed in accordance with Article 119, Paragraph 1, Paragraph 2 of the same Act. Facts: Taiwan Futures Exchange Co., Ltd. conducted an inspection on the person subject to punishment on ○○, ○○, and ○○, and found that the person subject to punishment had items specified in the Internet order service quality standards. It does not include transaction security and transaction stability, the certificate system stress test report is not tested by using different accounts to verify seals at the same time, the certificate system failure recovery standard operating procedures are not formulated, and the certificate system and database connection mechanism are not tested. After the parameter capacity test, the proposed improvement measures were not implemented to allocate sufficient computer system resources, resulting in the recurrence of certificate system execution performance and slow response, etc., which constituted a violation of the Futures Management Act. Reasons and legal basis: 1. According to "...if the futures industry violates this Act or the orders issued by this Act, in addition to being punished in accordance with this Act, the competent authority may, depending on the seriousness of the case, make corrections or impose the following sanctions, and may order him/her to Time limit for improvement: 1. Warning..." and "Anyone who falls under any of the following circumstances shall be fined not less than NT$120,000 but not more than NT$2.4 million:... 2. Violation of Article 56, Paragraph 5... "The person who issued the order" is specified in Article 100, Paragraph 1 and Article 119, Paragraph 1, Paragraph 2 of the Futures Trading Act respectively; subsequently, "The operation of the futures merchant business shall be in accordance with the laws, articles of association and the internal control system of the preceding paragraph." "" is specified in Article 2, Item 2 of the Futures Commission Management Rules. 2. After investigation, the person subject to punishment has violated the following provisions of Item 2 of Article 2 of the Futures Commission Management Rules: (1) The items specified in the quality standards for Internet order placing services of the person subject to punishment do not include transaction security and transaction stability. , and the internal control system of the punished person CC-27010 Internet Security Management "(10) Standards related to Internet ordering service quality: When the company provides Internet ordering business, taking into account the customer service quality, it should set Internet ordering service quality standards. Relevant standards for order service quality should include the following key points: 1. Transaction security... 2. Transaction stability and system availability..." does not comply with the regulations. (2) The person being punished failed to formulate standard operating procedures for the recovery of voucher system failures, implement them and keep records, and manage the continuous operation of the internal control system cc-30000 of the person being punished. "(2) Discuss with business unit personnel on major abnormal situations When it occurs, based on the following time points, consider the operating demand type of the system at that time, the business level affected and the contingency measures that relevant personnel should take, and formulate a backup plan with manual cooperation, which must also include computer system failure recovery standards. Operating procedures should be implemented and records should be kept." The regulations are not met. (3) The person being punished failed to conduct a parameter capacity test on the connection mechanism between the voucher system and the database, and failed to estimate the parameter resource requirements in advance, resulting in the program being unable to operate. (13) Application system change management 2. Before the application system goes online... an application system configuration plan needs to be formulated, including the following items: (2) Capacity planning and testing." The regulations are not met. (4) The person being punished only used a single account to conduct seal verification tests at different times per minute, and did not conduct the test by using different accounts to conduct seal verification at the same time. It was impossible to accurately assess the appropriate capacity of the computer system, and the stress test was not perfect, resulting in ○ A transaction system abnormality occurred on ○○, month ○○, ○. In addition, the relevant improvement measures proposed on ○○, month ○○, ○○ were not implemented to allocate sufficient computer system resources. Grant Thornton's certificate system execution performance and performance issues occurred again on ○○, year ○. Slow response and other deficiencies are inconsistent with the internal control system of the person being punished cc-27020 Computer System and Operational Safety Management "(5) The company (futures broker) should be equipped with a computer system with sufficient capacity that is necessary for operating business.", " (6) The computer system of the company (futures broker) should establish a mechanism and procedure for regularly (at least once a year) evaluating the computer system capacity and security measures internally or by entrusting an external professional organization to conduct regular stress tests on the system capacity and retain them. Record." The regulations are not met. 3. The violations listed above include the Taiwan Futures Exchange Co., Ltd.’s inspection report dated ○○, month ○○, the letter dated ○○ of the same year, and the statement of the person being punished on ○○, month ○○ and ○○. As evidenced by the written opinion, the punishment in accordance with Article 100, Paragraph 1 and Article 119, Paragraph 1, Paragraph 2 of the Futures Trading Act is as intended. Payment method: 1. Payment deadline: Pay within 10 days from the day after this sanction is served. 2. Please make payment according to the precautions on the payment slip attached to the (agency). Notes: 1. If the person subject to punishment is dissatisfied with this punishment, he shall file a petition through this Association (Banqiao District, New Taipei City) in accordance with the provisions of Article 58, Paragraph 1 of the Petition Law within 30 days from the day after the punishment is served. 18th Floor, No. 7, Section 2, Xianmin Avenue) filed a petition with the Executive Yuan. However, according to Article 93, Paragraph 1 of the Petition Act, unless otherwise provided by law, the filing of an appeal does not stop the execution of this sanction, and the person subject to the sanction shall still pay the fine. 2. If the person subject to punishment fails to pay the fine within the payment period specified in this punishment, the person shall be transferred to any branch of the Administrative Enforcement Agency of the Ministry of Justice for administrative enforcement in accordance with the proviso of Article 4, Paragraph 1 of the Administrative Enforcement Act. original: 國泰期貨股份有限公司 (Available person for receivables: Mr. ○○, representative) Copy: Taiwan Futures Exchange Co., Ltd. (Mr. ○○, representative), Futures Business Association of the Republic of China (Ms. ○○, representative), Securities and Futures Bureau of the Association (Ms. ○○, representative) Accounting Office), Securities and Futures Bureau (Secretary’s Office), Securities and Futures Bureau (Futures Management Group) Transcript: Securities and Futures Bureau (Futures Management Group) of this Association