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

Print Time:2024/10/20 07:43
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Chapter Law Content

Chapter II Organizational Structure
Article 6
The TISS shall set up a board of directors and appoint between 11 and 15 board members. The supervisory authority shall select people in the categories listed below to be board members and submit their details to the Premier to finalize the appointments. The dismissal of board members shall be conducted in the same way:
1.Representatives of relevant government agencies.
2.Scholars and experts in fields related to sports science.
3.Experts in the operation and management of a private enterprise, and members of society who have made significant contributions to national sports.
It is not permitted for the board members in the category described in Subparagraph 1 of the previous paragraph to comprise more than one-third of the total number of board members; and it is not permitted for the board members in the category described in Subparagraph 2 to comprise less than one-half of the total number of board members.
It is not permitted for board members of any one gender to comprise less than one-third of the total number of the board members referred to in Paragraph 1.
Article 7
The TISS shall put in place three supervisors. The supervisory authority shall select the supervisors based on their knowledge of and experience in sports science, law, or accounting and then submit their details to the Premier to make the appointments; their dismissal shall be conducted in the same way.
Supervisors shall select one of their number to be the managing supervisor.
It is not permitted for supervisors of any one gender to comprise less than one-third of the total number of the supervisors referred to in Paragraph 1.
Article 8
The term of office for members of the board of directors and supervisors is four years, and they may be reappointed at the end of their term once only. However, the number of board members being reappointed is not permitted to be more than two-thirds of the total number and is not permitted to be less than one-third of the total number.
Any board member representing a government agency shall be replaced by another representative if their official capacity at the agency changes; these representatives are not subject to the restriction on the number of reappointments to the board referred to in the previous paragraph. If the position of a board member or supervisor who was appointed in accordance with Article 6, Paragraph 1, Subparagraph 2, or Subparagraph 3, or Paragraph 2 of the previous article becomes vacant before they complete their term, the supervisory authority shall select someone to fill the vacated position and submit their details to the Premier to make the appointment. The selected person’s term of office is the same as that of the person who vacated the position and ends when the term of office of the person they are replacing would have ended.
Article 9
A person to whom any of the circumstances listed below pertains is not permitted to be appointed as a board member or supervisor:
1.Being subject to a declaration of custodianship or assistance status that has not yet been revoked.
2.Being convicted of a criminal offence and sentenced to imprisonment or a harsher penalty, with no probation having been granted.
3.Having been declared bankrupt, or being subject to liquidation procedures begun following a court ruling in accordance with the Consumer Debt Clearance Statute, and having not yet had their full rights restored.
4.Being subject to deprivation of civil rights that have not yet been restored.
Any board member or supervisor to whom any of the circumstances referred to in the previous paragraph pertains, or who has not attending, not present three board meetings in a row, without a valid reason for their absence, shall be dismissed.
Any board member or supervisor to whom any of the circumstances listed in the following subparagraphs applies may be dismissed:
1.There is substantial evidence that their disorderly or unrestrained behavior, or unacceptable, improper conduct is affecting the image of the TISS.
2.Inability to perform work or neglect responsibilities, and there are specific facts to prove it or the violation of the contract is serious.
3.For two years in a row, the annual performance during term of office review of the TISS indicates that it has not met the standards set by the supervisory authority.
4.There is substantial evidence of their having violated the Public Servants’ Administrative Neutrality Act.
5.There is substantial evidence that, in relation to matters that they are in charge of, they have been influenced by lobbying or requests for tenders, taken advantage of their position of power, or accepted hospitality, gifts and largesse, thereby damaging the public interest or the interests of the TISS.
6.There is substantial evidence of their using the TISS assets beyond the scope of any requirements of their duties.
7.There is substantial evidence of their violating the provisions of Article 14 or Article 15, Paragraph 1 regarding conflict of interest.
8.Other improper conduct unbefitting of someone in the post of a board member or supervisor.
The supervisory agency shall give a person involved in any of the circumstances described in the subparagraphs of the previous paragraph an opportunity to make a statement and to lodge an appeal prior to their dismissal.
The regulations governing the manner of the selection and appointment, and dismissal of the TISS board members and supervisors, temporary appointments to fill vacated positions, and other related matters, shall be prescribed by the supervisory agency.
Article 10
The TISS shall have one chairperson of its board of directors. The chairperson shall be selected from among the board members by the supervisory authority and appointed by the Premier; the dismissal of a chairperson shall be conducted in the same way.
The regulations governing the manner of the appointment, dismissal, and replacement of the chairperson, and other associated matters shall be prescribed by the supervisory authority.
The chairperson of the board of directors is in charge of all affairs of the TISS internally, and represents the TISS externally. If the chairperson of the board of directors cannot exercise his/her authority for any reason whatsoever, the director designated by the chairperson of the board of directors shall act on his/her behalf, but if the designation cannot be made, the person elected by the directors among themselves shall act on behalf of the chairperson of the board of directors.
It is not permitted for a person older than 65 years of age to first take office as chairperson. If the chairperson turns 70 years of age before the end of their term of office, the chairperson shall be immediately replace. However, this age restriction does not apply if special circumstances have been taken into consideration and the Executive Yuan has given approval for the chairperson to continue in that post.
Article 11
The board of directors has the following responsibilities:
1.To deliberate on development objectives and plans.
2.To deliberate on the annual business plan.
3.To deliberate on the annual budget and the final accounts report.
4.To deliberate on the TISS internal regulations.
5.To deliberate on matters regarding the disposal of real estate owned by the TISS or the creation of any encumbrance involving its real estate.
6.To deliberate on matters that this Act stipulates shall be decided by the board of directors.
7.To approve the appointment and dismissal of the chief executive director.
8.Fundraising.
9.To deliberate on other major matters.
Article 12
The board of directors shall convene meeting once every three months; when necessary, an special meeting may be convened by the chairperson, who will chair the meeting.
Meetings of the board of directors shall be attended by more than half of the board members, and its resolutions shall be approved by more than half of the board members who are present at the meeting. However, resolutions regarding matters referred to in Subparagraphs 1 to 7 of the previous article shall be approved by more than half of all the board members.
Article 13
Supervisors have the following responsibilities:
1.To thoroughly review the annual accounts.
2.To supervise business affairs and financial circumstances.
3.To verify all financial records and documents, and asset information.
4.To thoroughly review and check other important matters.
Each supervisor exercises their responsibilities independently; the managing supervisor shall attend meetings of the board of directors in a non-voting capacity, representing all the supervisors.
Article 14
Any current or former marriage relationship, or any relative within the third-degree, by blood or marriage, between any board members and/or any supervisors is not permitted.
Article 15
Conflict of interest matters involving board members, supervisors, the chief executive officer, and persons related to them shall be handled in accordance with the provisions of the Act on Recusal of Public Servants Due to Conflict of Interest.
If a violation of the provisions of the previous paragraph causes the TISS to incur any loss or damage, the person or persons who violated the provisions shall be held liable for compensation for that loss or damage.
If a person referred to in Paragraph 1 acts in violation of the provisions of the Act on Recusal of Public Servants Due to Conflict of Interest, apart from their being subject to some penalty in accordance with the provisions of that Act, the supervisory authority may also impose an appropriate penalty. The regulations governing such penalties shall be prescribed by the supervisory authority.
Article 16
The board members and the managing supervisor shall personally attend all board meetings and are not permitted to delegate another person to attend as their proxy.
Article 17
The TISS chairperson, board members, managing supervisor, and supervisors all serve without remuneration.
Article 18
The TISS shall put in place a full-time chief executive officer. The chief executive officer shall be appointed by the chairperson after the board of directors has given approval for the appointment. Dismissal of the chief executive officer shall be conducted in the same way. The chief executive officer shall run the activities of the TISS and supervise its staff in accordance with the TISS regulations, and resolutions of the board of directors, and as authorized by the chairperson.
The provisions of Article 9, Paragraph 1 to Paragraph 4; Article 10, Paragraph 4; Article 19, Paragraph 2 and Paragraph 3; and Article 21, Subparagraph 6 pertaining to board members and the chairperson apply, mutatis mutandis, to the chief executive officer.
Article 19
The personnel employed by the TISS shall be dealt with in accordance with the Center’s personnel management regulations. Its personnel are not civil servants, and their rights and responsibilities shall be clearly set out in their employment contracts.
The spouse or any relative within the third-degree, by blood or marriage, of any board member or supervisor is not permitted to be appointed to any general administration, accounting, or personnel positions at the TISS.
The chairperson is not permitted to employ their spouse or any relative within the third-degree, by blood or marriage, to fill any position at the TISS.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)