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

Print Time:2024/11/22 12:50
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Chapter Law Content

Title: Act for Ancestor Worship Guild CH
Category: Ministry of the Interior(內政部)
Chapter 2 Registration
Article 6
Prior to the promulgation of the Act, those who have not registered and received the legal certificate based on the Key Points of Land Clearance for Ancestor Worship Guild or Regulations of Land Clearance for Ancestor Worship Guild in Taiwan should submit application to the local district offices.
In the case that the corporation does not have a manger, or the whereabouts of the manager is unknown, or the manager in charge refuses to submit application, a representative among the successors (the candidate must be agreed by 50% of the successors) to submit application on the corporation’s behalf.
Article 7
The land administration offices in municipality and county/city governments should create documents after auditing all the lands within their region one year after the Act take effect. These documents should be submitted to related governments for publication of 90 days, and they should notify the guilds who have not submitted registration to remind them that they need to submit application within 3 years.
Article 8
The managers or successors of the Ancestor Worship Guild referred in Article 6 should fill in applications and submit the following documentations:
1. Recommendation letter. If the application is filed by the manager, then he or she does not need a recommendation letter.
2. History.
3. List of real estate and related documentations.
4. The organization chart of the successors.
5. Household certificate transcript of the successors.
6. List of the successors’ names.
7. The original regulations. Those without any regulations may be exempt from submission.
The “household certificate transcripts” referred in (5) refers to those who have the transcripts after Taiwanese government announces the implementation of issuing household certificate transcripts. Those proved to have no transcripts based on local land administration offices may be exempt from submission.
Article 9
In the case that the guild has branches over different municipality cities, counties and towns, they should submit application to the government where they have the largest presence. Whichever government it is, the related staff should also notify the other local government where the guild has presence to conduct collaborative inspection.
Article 10
The local government should review the applications and for those who they do not think qualified, they should notify the applicants to revise and re-submit within 30 days. Those who fail to re-submit within the deadline will not be accepted.
If there is more than one person submitting the application on behalf of the same guild, the authorities concerned should notify them and ask only one person to submit within 3 months. If the negotiation fails, the authorities concerned should notify them to submit the case to the court and report the result back to the local authorities. Those who fail to complete the process before deadline will not be accepted.
Article 11
After the local authorities concerned accepts the application from the guilds or corporations, they should announce the list of successors, the related organization chart, and the list of the guilds’/corporations’ real estate at the office of the authorities concerned for 30 days. A copy of the afore-stated documents should be published in at least one local newspaper for 3 consecutive days, and on the official websites of the authorities concerned in municipal, county and city government for 30 days.
Article 12
If any successor or interested party hopes to file dissidence for the afore-mentioned regulation, they should submit a report to the local authorities concerned during the period of promulgation.
After the deadline is passed, the authorities concerned should remind the applicants to re-submit within 30 days; those who fail to resubmit their application before the deadline will not be accepted afterwards. The authorities concerned should send the document filing for dissidence to the related parties and if they still have a different opinion, they may submit their complaint to the court within 30 days (after receiving the application) to confirm the rights of the inheritance, the rights for their real estate and they should send a copy of their reasoning to local authorities concerned for future references.
If the applicant accepts the dissidence, they should revise their report within 30 days as mentioned in section 2, and submit to their local authorities concerned to seek for announcement for 30 days to see if anyone has any further comments.
Article 13
After the deadline is passed, if no one raises any complaint or requests for submitting their request to the court for litigation process, the local authorities concerned should issue a certificate. Those undergoing legal process should follow the necessary procedures based on the court ruling.
The afore-mentioned certificates include the list of the successors, the organization chart of the successors and the list of real estate.
Article 14
The ancestor worship guilds without any regulations should start to draft a regulation one year after receiving the certificate of successors.
The guilds that do not have a complete regulation should revise their regulation one year after receiving the certificate of successors.
For any stipulation or revision of regulations in the guilds to take effect, more than 3/4 of the successors present at the meeting (2/3 of the successors must be present) must agree. The (revised) regulations may also take effect if more than 2/3 of the current successors express their consent via written notice. In both scenarios, the successors must report the regulations to the local authorities concerned for future reference.
Article 15
The regulations for ancestor worship guild should include the following items:
1. Name, purpose and location
2. How the successor inherits his or her rights and in what circumstances will this right be annulled.
3. The number of people, responsibilities, tenures and methods of employment/unemployment for the managers.
4. The process of stipulating and amending regulations.
5. The management, disposal and pledging of properties.
6. The rules of distributing properties after the guild is disintegrated.
Article 16
In the event that there is no manager when the guild is applying for registration, the members of the guild should select a manager within one year after they receive the certificate, and report to district office.
The guilds with supervisor should select supervisors within one year after they receive the certificate, and report to district office.
If anyone has dissidence over the selection of managers, supervisors and other related items, they should raise the issue to the court for confirmation.
Unless otherwise indicated in other regulations, or agreed by the assembly, the employment and unemployment of the managers and supervisors of the guild need to be agreed by more than 50% of the members in the guild.
Article 17
If anyone discovers an error in the names of the manages, successors or any stakeholders, they should report to the authorities concerned and announce for 30 days along with a consent form stating the agreement of revision is stated by more than 50% of the members in the guild. If no one raises any counterargument after 30 days, then the guild may change the certificate. If anyone raises a dissidence, he or should she raise the point to the court for deliberation and the local authorities concerned should follow the ruling of the court.
Article 18
After the guild receives the certificate for their successors, if there is any change to their successors, managers or stakeholders, the guild should submit application for revision to the local authorities concerned, which will make announcement for 30 days. If no one raises any counterargument, then the revision is accepted; if not, the following documentation should be submitted based on Article 12 and 13:
1. Certificate of successors.
2. The household certificate transcripts for the members upon revision.
3. A comparison table of organization chart before and after revision.
4. Affidavit of abandoning rights (optional, if no one abandons their rights)
5. A comparison table of the list of members before and after revision.
6. Regulations (optional, if there’s no regulation in place).
Article 19
For any change of managers in the guild, the new manager should submit the following documents to the local authorities concerned without any requirement of announcement:
1. Certificate of successors.
2. Regulations (optional)
3. Any documents to prove the selection of the manager is legitimate.
Article 20
In the case that the court has ruled that the documents submitted by the guild during application are falsified, the authorities concerned should reject its application and revoke the certificates of the successors that have been issued.
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