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

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

Chapter II Organization
Article 6
The Institute ’s Board of Directors shall consist of between 11 and 15 members.The appointment and dismissal of Directors shall be conducted by the supervisory authority and approved of by the Premier. Board members shall be selected from among the following:
1. Representatives of related government agencies;
2. Scholars and experts in the areas of film, television, and broadcasting; and
3. Experts in the areas of law, finance, and marketing management or persons who have made great contributions to or achievements with cultural content;
The number of Directors chosen from Subparagraph 1 shall not account for more than one third of all Directors.
The number of Directors of each gender drawn from Subparagraph 1 shall be no less than one third the total number of Directors.
Article 7
The Institute ’s Board of Super visors shall consist of between three and five members. The hiring and dismissal of Supervisors shall be conducted by the supervisory authority and approved of by the Premier. Board members shall be selected from among the following:
1. Representatives of related government agencies; and
2. Persons with expertise in accounting, financial auditing, auditing, law, or management.
Supervisors shall select one of their members to serve as Executive Supervisor.
The number of Supervisors of each gender drawn from Subparagraph 1 shall be no less than one third the total number of Supervisors.
Article 8
The appointment for both Directors and Supervisors shall be for a period of three years and may be renewed once. The number of those serving a second term,however, shall not exceed two thirds the number of Directors or Supervisors and shall not be less than one third.
Directors and Supervisors representing government agencies shall be properly replaced if the postition is changerd and shall not be term limited. In accordance with Subparagraph 2 and 3 of Paragraph 1 of Article 6 and Subparagraph 2 of Paragraph 1 of the preceding Article , Directors and Supervisors who resign their position prior to their term’s expiry shall have replacements selected by the supervisory authority and approved by the Premier for a term coterminous with that of the original holder of the position.
Article 9
A person to whom any of the following circumstances applies may not be hired as a Director or Supervisor:
1. A guardianship announcement or assistance announcement remains in force;
2. A conviction mandating imprisonment has been handed down and probation not yet granted;
3. A bankruptcy declaration has been filed, or where in accordance with the Consumer Debt Clearance Act a judge has mandated the debt clearance process begin, but whe re rig hts have not ye t been restored; or
4. Civil rights have been taken away and not yet restored;
Where any of the preceding is found to apply to a Director or Supervisor, he or she shall be removed. Directors or Supervisors who are absent from a board meeting three times shall be removed.
A Director or Supervisor to whom any of the following circumstances applies may be removed:
1. Proven immoral behavior detrimental to the image of the Institute;
2. Where work has been performed unsatisfactorily or duties have been neglected so as to seriously infringe upon the terms of employment;
3. Where the Institute has not met the standards laid out by the supervising authority for its annual performance review two years in a row;
4. Where there has been a proven con travention of the Civil Service Administrative Neutrality Act;
5. Where there has been proven lobbying or favors concerning matters under the individual’s purview, or where an individual has used his/her official capacity to accept entertainment, meals, or gifts such that the public interest or the interests of the Institute have been harmed;
6. Where it is proven that the Institute ’s property has been used for other than official use;
7. Where it is proven that an individual has not abided by the stipulations of this act concerning recusal in a case of conflict of interest, or the stipulations of Paragraph 1 of Article 16 forbidding contractual relationships; or
8. Other conduct unbecoming a Director or Supervisor.
For any of these situations, the supervisory authority shall give the accused the opportunity to state his/her opinions and appeal the charges.
Regulations concerning the Institute ’s selection and removal of new Directors and Supervisors and replacement Directors and Supervisors, as well as related matters, shall be drafted by the supervisory authority.
Article 10
The Institute shall have one Chair of the Board of Directors who shall be selected by the supervisory authority from among the Directors and approved by the Premier. The removal of the Chair shall follow the same process.
Regulations concerning the selection, removal, and replacement of the chair of board member as well as related matters, shall be drafted by the supervisory authority.
The Chair shall be in charge of the matters of, and serve as its representative when a Chair is unable to perform his/her duties, he/she may appoint another Director to serve in his/her stead. Where no selection is made, the Directors shall appoint one of their own to serve as Acting Chair.
No person having attained 65 years of age may take on the position of Chair. In the year in which a Chair attains the age of 70, he/she shall step down and be replaced. This stipulation shall not apply where special circumstances apply and the Executive Yuan has given approval.
Article 11
The Board of Directors shall:
1. Review and approve development goals and plans;
2. Review and approve the establ ishment of branch organizations;
3. Review and approve annual work plans;
4. Review and approve the annual budget, final accounts , and goals;
5. Review a nd approve the Institute ’s Charter;
6. Review and approve the disposal and set burden of real estate of the Institute;
7. Review and approv e items stipulated in this Act as needing Board approval
8. Appoint and dismiss the Ins titute ’s President;
9. Raise funds for the Institute and manage Institute property; and
10. Review and approve other important matters.
Article 12
The Board of Directors shall meet at least once every three months. Where necessary,it may call ad hoc meetings. Meetings are convened and presided by the Chair.
A quorum of one half of the Directors shall be required. Resolutions may be passed by a majority vote of Directors present, but for resolutions on Par agraphs 1 to 9 of the preceding Article, agreement of one half the total number of Directors shall be required for passage.
Article 13
The Board of Supervisors shall:
1. Review and pass the annual approved budget;
2. Oversee Institute operations and fina ncial affairs;
3. Audit the financial records, documents, and property records of the Institute;and
4. Review or audit other important matters.
Supervisors shall exercise independent authority; Executive Supervisors shall represent the Board of Supervisor s at meetings of the Board of Directors.
Article 14
Directors, Supervisors, and Executive Supervisors shall personally attend meetings of the Board of Directors and the meeting of the Board of Supervisors; they may not appoint a proxy to attend.
Article 15
Directors and Supervisors shall recuse themselves where a conflict of interest arises. They should not use the power, opportunities, or means afforded by the office for their own interest or that of a related individual. The supervisory authority shall determine the scope of where recusal needs to take place, and the penalty for failing to recuse oneself.
Between Directors and Supervisors there shall not be a spousal or other relationship within three degrees of consanguinity.
Article 16
Directors, Supervisors, and related individuals shall not enter into a subsidy, sale,rental, or other contractual, transactional relationship with the Institute . However, this shall not apply to those who, under the stipulations of Paragraph 1 of Article 14 of the Act on Recusal of Public Servants Due to Conflicts of Interest, are public servants who have recused themselves.
Persons infringing upon this regulation, where the Institute suffers as a result,shall be made to pay compensation.
Article 17
The Chair of the Board of Directors of the Institute may be a full time or part time position. Compensation for full time Chair shall be determined by the supervisory authority; there shall be no compensation for part time Chair.
Directors, Supervisors, and Standing Supervisors shall all be uncompensated positions.
Article 18
There shall be one President of the Institute . This person shall be proposed by the Chair and hired upon approval by the Board of Directors. The same procedure shall be followed for the President’s removal. The President shall, in accordance with the Charter and resolutions of the Board of Directors, and under the authority of the Chair , carry out the Institute ’s business and supervise all employees.
Regulations concerning Directors and Chairs of the Board of Directors, namely Paragraphs 1 through 4 of Article 9, Paragraph 4 of Article 10, Article 15, Article 16, Paragraphs 2 and 3 of Article 19, and Paragraph 6 of Article 20, shall also apply to Presidents of the Institute.
Article 19
Personnel shall be hired to work at the Institute in line with the rules concerning personnel management of the Institute. They shall not be considered civil servants. Their rights and duties are to be stipulated in their contracts.
Persons having a spousal or other relationship within three degrees of consanguinity or marriage relations hip with Directors or Supervisors shall not serve in positions concerning general affairs, accounting, and personnel at the Institute.
The Chair shall not appoint his/her spouse or a person within three degrees of consanguinity or marriage relationship to work at the Institute.
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