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

Print Time:2024/11/25 02:13
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Chapter Law Content

Chapter IV Supplementary Provisions
Article 146
A debtor who has committed any of the following acts for the purpose of interfering with claims either within the one-year period preceding the court's ruling on the initiation of the liquidation process or while the liquidation process is pending, shall be sentenced to imprisonment for not more than three years:
1. He/She concealed or destroyed his/her property or made other disposition unfavorable to creditors.
2. He/She fabricated debts or acknowledged false debts.
3. He/She concealed, destroyed, fabricated or altered all or part of the relevant accounting books or other accounting documents, resulting in misrepresentation of his/her property status.
Article 147
A debtor, who after applying for rehabilitation commits any of the acts under the preceding Article for the purpose of interfering with claims, shall be sentenced to imprisonment for not more than three years.
Article 148
Any supervisor or administrator, who demands, agrees to accept, or accepts a bribe or other improper benefits for an act relating to his/her position of supervisor or administrator, shall be sentenced to imprisonment for not more than three years; in addition, a fine of not more than NTD 200,000 may be imposed.
The bribe received by the person who committed the offense under the preceding paragraph shall be confiscated. If any portion of the bribe cannot be confiscated, an amount equivalent to its price shall be collected.
Article 149
Any supervisor or administrator, who demands, agrees to accept, or accepts a bribe or other improper benefits for an act in violation of his/her occupational duties, shall be sentenced to imprisonment for not more than five years; in addition, a fine of not more than NTD 300,000 may be imposed.
A person, who offers, promises, or gives a bribe or other improper benefits to the supervisor or the administrator for a breach of his/her occupational duties, shall be sentenced to imprisonment for not more than two years; in addition, a fine of not more than NTD 100,000 may be imposed, but, if such person turns himself/herself in for trial, his/her punishment may be reduced or remitted, and if such person confesses during investigation or trial, his/her punishment may be reduced.
Any bribe received by the person who committed the offense under paragraph 1 of this article shall be confiscated. If any portion of the bribe cannot be confiscated, an amount equivalent to its price shall be collected.
Article 150
Where a juristic person is selected as the supervisor or the administrator, if its responsible person, agent, employee or other staff member violates either of the preceding two Articles while conducting business, in addition to the punishment of such person for his/her act in accordance with the provisions of the applicable Article, the fines in accordance with the provisions of the applicable Article shall also be imposed on such juristic person.
Article 151
If the debtor owes debts to a financial institution, he/she shall, before the application for rehabilitation or liquidation, ask the financial institution with the largest amounts of claims to negotiate the debt repayment proposal, or shall apply to the mediation committee of the court, or the village, town, city, district where his/her domicile or resident is located for mediation of the debt clearance.
The debtor shall make the request or application under the preceding paragraph in writing, and shall submit the description of his/her property and income status, the roster of creditors and debtors, and provide written copies or photocopies in a number corresponding to the number of creditors.
The provisions of paragraphs 2, 5 and 6 of Article 43 shall apply mutatis mutandis to the circumstance under the preceding paragraph.
If any creditors are financial institutions, the financial institution with the largest amounts of claims shall act on behalf of other financial institutions in the course of negotiation or mediation; unless another financial institution objects in writing to the financial institution with largest amounts of claims.
If a creditor is a financial institution, an asset management company or transferee of its claims shall provide the description form of claims to the debtor, and the provisions of subparagraphs 1 to 5 of paragraph 2 of Article 33 shall apply mutatis mutandis thereto.
After the debtor asks for negotiation or applies for mediation, if any financial institution with claims applies for compulsory enforcement against the debtor, or disagrees with the deferral of compulsory enforcement proceedings, the negotiation or the mediation shall be deemed as not concluded.
If the negotiation or the mediation is concluded, the debtor may not apply for rehabilitation or liquidation, unless the performance thereof is difficult for a cause not attributable to him/her.
The provision of paragraph 2 of Article 75 shall apply mutatis mutandis to any circumstance in which the preceding paragraph applies.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to any negotiation concluded before the enforcement of this Statute between the debtor and the financial institution according to the unsecured debt negotiation mechanism for consumer financial cases handled by members of the Bankers Association of the Republic of China as established through negotiation of the competent financial authority.
Article 151-1
A debtor who requests negotiation shall be deemed to have agreed or authorized the requested financial institution to inquire about his/her property, income, business and credit status from the taxation or other authorities and groups.
The financial institution under the preceding paragraph shall immediately notify the other creditors to negotiate the repayment of debts with the debtor, and shall provide the result of any inquiry under the preceding paragraph to other creditors for review or transcription.
Any creditor who transfers his/her claims to a third person shall provide relevant supporting documents to the requested financial institution, which shall ask such third person to participate in the negotiation.
If the negotiation is successfully concluded, any proposal for repayment of debts shall be made in writing, and shall be affixed with the signature, seals or fingerprints of the parties. If the negotiation is not successfully concluded, a certificate stating this fact shall be delivered to the debtor within seven days.
Article 152
The requested financial institution under Paragraph 1 of the preceding Article shall, within seven days from the day following the conclusion of negotiation, submit the proposal for repayment of debts to the competent court at the place where the financial institution is located for review and approval, unless the parties have requested the notary public to make a notarial deed for the proposal for repayment of debts in accordance with the provision of paragraph 1 of Article 13 of the Notarial Act.
The court shall review the proposal for repayment of debts under the preceding Paragraph as soon as possible, and shall approve it if it does not contradict applicable laws and regulations. The court shall deny the proposal if it contradicts applicable laws and regulations.
No appeal may be taken from a ruling under the preceding paragraph.
After the court's approval, the proposal for repayment of debts may serve as the enforcement title.
Article 153
If the negotiation has not commenced within 30 days from the day following the request for negotiation submitted by the debtor, or the negotiation has not been completed within 90 days from next following of the commencement of the negotiation, the debtor may directly apply to the court for rehabilitation or liquidation.
Article 153-1
For any mediation of the court requested by the debtor in accordance with paragraph 1 of Article 151, an application fee of NTD 1,000 shall be charged.
If the debtor applies for rehabilitation or liquidation within 20 days from the date when the court's mediation is deemed unsuccessful, the application for mediation shall be deemed as an application for rehabilitation or liquidation, and no application fee shall be otherwise collected.
If the debtor appears at the mediation date but the mediation is not successfully concluded, he/she may orally apply for rehabilitation or liquidation under the preceding paragraph before the clerk of the court.
A creditor who has transferred his/her claim to a third person shall provide relevant supporting documents to the court or the village, town, city or district mediation committee, which shall ask such third person to participate in the mediation.
Article 154
After the proposal for repayment of debts is concluded through negotiation or mediation, and the debtor is ordered to initiate the rehabilitation or liquidation process, if any creditor is not fully repaid by the proposal for repayment of debts, such creditor may request that their original claims before negotiation or mediation be included in the rehabilitation or liquidation process. If the court rules on the initiation of the liquidation process, the portion repaid to the creditor shall be calculated and included in the liquidation estate to determine the amount distributable to him/her.
A creditor under the preceding paragraph may be repaid only after other creditors have been repaid to the same proportion or degree as he/she is repaid.
Article 155
If the court has commenced handling debts which cannot be repaid before the enforcement of this Statute in accordance with provisions of the Bankruptcy Act, such case may still be concluded by the process provided for in the Bankruptcy Act.
Article 156
A consumer who has been declared bankrupt before the enforcement of this Statute may apply for release from obligations or resumption of rights in accordance with provisions of this Statute.
A consumer, whom the court has ruled is not released from obligations in accordance with the provision of subparagraph 4 of Article 134 before the enforcement of the provision of this Statute amended on December 12, 2011, may apply for a ruling for release from obligations within two years from the enforcement date of the amended Articles.
A consumer, whom the court has ruled is not released from obligations in accordance with provisions of subparagraphs 2, 4 or 8 of Article 134 before the enforcement of the provision of this Statute amended on November 30, 2018, may apply for a ruling on release from obligations within two years from the date of enforcement of the amended Articles.
Article 157
The enforcement rules of this Statute shall be set forth by the Judicial Yuan.
Article 158
This Statute shall come into force nine months after the promulgation date.
The amended Articles of this Statute shall come into force on the date of their promulgation.

Data source: Law and Regulation Retrieving System of Judicial Yuan
Web site:Laws & Regulations Database of The Republic of China (Taiwan)