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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:22
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Chapter Law Content

Title: Commercial Group Act CH
Category: Ministry of the Interior(內政部)
Chapter 6 Supervision
Article 63
Commercial groups should inform the corporations and firms in a written format that don’t join in the groups in accordance with the act and demand them to join in the relevant commercial groups within a time limit; they report those that still don’t join in the relevant commercial groups within the time limit to competent authorities and request them to join in the relevant groups within three months, those that still don’t join in the relevant commercial groups within the three months are to be fined NT$1,500 to NT$10,000.
Commercial groups report to competent authorities that groups that don’t join in the relevant commercial groups and the competent authorities inform the groups to join in the relevant commercial groups within a time limit, those that still don’t join in the relevant groups three months after the time limit are to be punished according to prescriptions of Article 67.
Article 64
Commercial groups punish their members that don’t pay annual fee in accordance with the articles as per the following procedures:
1. Persuasion for those that default to pay annual fee for three months and pay no response after persuasion.
2. Warning for those that default to pay annual fee for six months and pay no response after persuasion.
3. Membership suspension for those that default to pay annual fee for nine months and pay no response after persuasion and warning; these members cannot attend all meetings of commercial group and cannot enjoy all rights of members of commercial groups, the member representatives of these members who have be elected directors or supervisors are to be dismissed immediately.
Article 65
Corporations and firms that still don’t resume business after one year of business halt are to be deprived of their membership with adoption of boards of directors and the decisions are to be reported to competent authorities and business license issuing authorities for future reference.
Article 66
If directors and supervisors of commercial groups break the act or commit jobbery when executing their duty, and one tenth of the member representatives put forward the phenomena, and the phenomena of breaking the rules or committing jobbery are testified by two thirds of the representatives present in general meetings where two thirds of the member representatives are in attendance, the rule-breaking and/or jobbery-committing directors and/or supervisors are to be recalled by competent authorities as per relevant acts.
Article 67
If commercial groups break the act, violate their authorities scope, hamper commonweal affairs or meeting affairs, the competent authorities are to punish them as per the following procedures:
1. Warning.
2. Canceling their decisions.
3. Canceling all or partial of their operations.
4. Dismiss their directors and supervisors.
5. Restructure the commercial groups.
6. Dissolve the commercial groups.
Commercial groups are to be reorganized right after being dissolved.
The competent authorities of lower level should report the punishments of subparagraph 3, subparagraph 4, subparagraph 5, subparagraph 6 of Paragraph 1 to competent authorities of upper level for approval.
The target business competent authorities may execute the punishments of subparagraph 1, subparagraph 2 and subparagraph 3 of Paragraph 1.
Article 68
Commercial groups should not run lucrative business.
Article 69
Commercial groups should not persuade their affiliated members to donate money without adoption in general meeting and approval from competent authorities.
Article 70
Those that don’t pay fine in accordance with the act are to be transferred to court for compulsory execution.
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