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The certificate or legal opinion for operating the electronics payment business can be issued by lawyers

WEN HUI ATTORNEYS AT LAW

23/1/5

Electronic Payment, Trust, Lawyer, Opinion, Verification, Performance Guarantee

Since the business scope of electronic payment institutions has expanded to the acceptance of funds from the general public in advance and the transfer of funds between electronic payment accounts not based on actual transactions, etc., it has involved the handling of financial business which special licenses are required, so in accordance with the Regulations on the Administration of Electronic Payment Institutions , it is stipulated that operation of electronic payment business must obtain the prior approval from the governing authority. It is further stipulated in para. 1 of Article 11 of the Regulation for Management of Electronic Payment Institutions that when applying for a license, the required documents, including "Description of Settlement and Closing Mechanism", "Payment Protection Mechanism Description", "Trust Contract", "Performance Guarantee Contract or its template", "Budget Evaluation", shall be submitted for review in order to maintain the order and stability of the financial market and protect the interests of the general public.


The Legislative Yuan Council passed the third reading on January 3, 2023, the draft amendment to para. 1, Article 11 of the Regulation for Management of Electronic Payment Institutions, and a bill of Addendum to Article 12 where stipulates that he documents for applying for the approval of an electronic payment institution must include a trust contract

reviewed by a lawyer, A legal opinion on the performance bond contract or its template. Therefore, after the adoption of this draft amendment, lawyers with legal expertise may issue trust contracts, performance bond contracts or their legal templates for the verification and certification of contract content stipulated in Subparagraph 12, Article 11, Item 1, of the current Electricity Branch Regulations. The opinion letter or certification report, in addition to meeting the supervision requirements, can also be used by the applicant to obtain professional evaluation opinions to facilitate inspection of the completeness and appropriateness of the contract.








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文匯法律事務所

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WEN HUI ATTORNEYS AT LAW

service@whlaw.com.tw  886-2-2378-8899  ​886-2-2378-0185

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