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Title: Regulations for the Establishment and Supervision of Communications Foundations CH
Announced Date: 2019-01-30
Category: National Communications Commission(國家通訊傳播委員會)
Article 1
These Regulations are stipulated in accordance with Paragraph 1 of Article 9, Paragraph 3 of Article 24, Paragraph 5 of Article 25 and Paragraph 2 of Article 50 of Foundations Act (hereinafter referred to as the Act).
Article 2
The competent authority to which is referred to in the Regulations shall be the National Communications Commission (hereinafter referred to as the Commission).
Article 3
The communications foundations to which are referred to in the Regulations are foundations whose principal operations are charged by the Commission as the central competent authority.
Article 4
The establishment and supervision of communications foundations shall adhere to the Act and the Regulations.
Article 5
A communications foundation shall possess a total asset endowment of no less than NT$10 million, unless its establishment was registered prior to the promulgation of the Regulations.
Article 6
Personnel, accounting, internal control and audit systems of a government-endowed foundation shall require approval from the Commission. A public-endowed communications foundation whose total endowed property registered at court exceeds NT$30 million shall establish internal control and audit systems, and submit them to the Commission for reference. The financial statements of the aforementioned communications foundation shall be certified by a CPA (certified public accountant); and shall stipulate integrity management regulations in accordance with “Guidelines for the Establishment of Integrity Management Regulations of Communications Foundations” set by the Communications (as Attachment 1).
Article 7
The format, items, preparation methods and requisite matters of the work plan, budget plan, work report and financial statements of communications foundations whose financial statements have been certified by the CPA shall be submitted to the Commission in accordance with Paragraph 1 of Article 25 of the Act. The said work shall be conducted according to the example of the Regulations (Attachments 2 and 3); and the format of financial statements prescribed in Article 14 of Standards Governing the Accounting and Preparation of Financial Reports of Communications Foundations.
Government-endowed communications foundations whose budgetary statement and financial statement are submitted to the Legislative Yuan in accordance with the Budget Act and Financial Statement Act shall prepare the said statements according to the formats prescribed in the Regulations (Attachments 4 and 5).
Article 8
Where the fund of a government-endowed communications foundation is, in whole or in part, endowed or donated by public legal persons established under law, a certain percentage of the said foundation’s directors and/or supervisors shall be selected from the representatives recommended by the endowing or donating public legal persons in writing to the Commission.
The proportion of recommended directors and/or supervisors as described above shall be calculated according to the proportion of amount endowed or donated by the public legal persons at the time of re-election; and any decimal points shall be rounded off. Where the said foundation has managing directors, the same rule shall apply thereto.
Article 9
The Regulations shall become effective on February 1, 2019.