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

Print Time:2024/11/24 00:25
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Chapter Law Content

Chapter 2 Appointment and Dismissal of Commercial Mediation Committee Members
Article 5
The commercial mediation committee members shall be appointed by the Commercial Court based on specialized expertise and experience in commercial affairs, and the number of commercial mediation committee members is determined according to actual needs.
Among these commercial mediation committee members appointed by the Commercial Court, the percentage of any gender shall not be less than one-third of the total, but this limitation does not apply to a circumstance with business needs or employment difficulties.
Article 6
When a commercial mediation committee member is recommended by an agency according to the provisions of Paragraph 1 of Article 23 of this Act, the following information of the recommended person shall be stated clearly:
1. Name, gender, date of birth, ID number and correspondence address.
2. Academic background, work experience and current job.
3. Specialized expertise and experience in commercial affairs.
For the recommendation made by an agency as mentioned in the preceding paragraph, the recommended person's recommendation letter and statement of declaring no incident as described in Subparagraphs 1 to 9 of Article 8 shall be attached.
Article 7
The Commercial Court may appoint an appropriate person to be the commercial mediation committee member from the recommended persons as described in the preceding Article.
If the number of appointed commercial mediation committee members in the preceding paragraph is insufficient, the Commercial Court may choose persons with specialized expertise and experience in commercial affairs and other than those recommended in the preceding paragraph as the commercial mediation committee member on its own.
Article 8
A person shall not be appointed as a commercial mediation committee member in the event of any of the following circumstances; and those who have already been appointed shall be dismissed immediately:
1. Currently serving as a central or local elected representative.
2. Having been sentenced to imprisonment or above. However, this provision does not apply to probation not revoked after the expiration of the probation or negligent crime.
3. Having been finally judged and punished with rehabilitative disposition or disciplinary education.
4. Having been adjudicated bankrupt, or not yet resumed related rights on the ruling of the initiation of the liquidation proceeding.
5. Having been deprived of civil rights which have not been resumed.
6. Having been become subject to the order of the commencement of guardianship or the order of the commencement of assistance which has not yet revoked;
7. Lawyers punished by being disbarred from practice.
8. Accountants punished by being barred from practice .
9. Former civil servant who has been dismissed from office or punished by dismissal, and the suspension period of appointment has not expired.
10. Failing to complete professional training in accordance with these Regulations.
11. Assessed by the Commercial Court as unsuitable to serve as a commercial mediation committee member according to these Regulations.
12. Violating the official duties or conducting other acts which are not suitable for being a commercial mediation committee member.
Article 9
Commercial mediation committee members who are unable to perform their duties due to residence relocation or other reasons may resign in writing to the Commercial Court at any time.
The Commercial Court may also dismiss a commercial mediation committee member who has not resigned after learning that he or she is unable to perform his or her duties as mentioned in the preceding paragraph.
Article 10
The commercial mediation committee members selected by the Commercial Court shall take at least 18 hours of professional training courses organized by the Judicial Yuan, the Judges Academy or the Commercial Court before being appointed, but this provision does not apply to the re-appointed mediation committee members.
The professional training courses before appointment mentioned in the preceding paragraph shall include courses such as commercial case related laws, gender equality, mediation ethics, case study, etc.
Article 11
The Commercial Court shall compile the gender, academic background, work experience, current job, expertise and experience in commercial affairs and contact information of the commercial mediation committee members to be appointed into a name list, which shall be reported to the Judicial Court for reference. The same applies for dismissal.
The Commercial Court shall post the name list of the commercial mediation committee members on the website of the court, and record and update the name, current job and experience of the members.
Article 12
The term of office of the commercial mediation committee member is three years, but the Commercial Court may shorten the term according to actual needs.
Upon expiration of the term of office in the preceding paragraph, the appointment may be renewed.
Article 13
The Commercial Court shall prepare and issue the letter of appointment and service identity card to the commercial mediation committee member.
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