No Support JavaScript

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

Print Time:2024/11/25 10:40
:::

Chapter Law Content

Title: Financial Asset Securitization Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter III: Special Purpose Company
Section X: Alternations, Dissolution, and Liquidation of the Special Purpose Company
Article 95
Alteration of the SPC's Articles of Incorporation shall be approved by the competent authority.
Article 96
The SPC shall be dissolved if any of the following events occurs:
1. a cause of dissolution as set forth in the Articles of Incorporation;
2. bankruptcy;
3. withdrawal or revocation approved by the competent authority;
4. dissolution ordered by the company registration authority or pursuant to a decision of court; or
5. other causes prescribed by the competent authority.
In the event of an apparent difficulty in the operation of the SPC or material damage thereto, after consulting with the competent authority and notifying the company, the court shall make a ruling for the dissolution of the company, with a written petition from holders holding more than ten (10) percent of the total units of the Asset-Backed Securities in the same series.
Article 97
Creditor's rights regarding a special liquidation under Chapter 5, Section 12, Subsection 2 of the Company Act shall be exercised by the Asset-Backed Security holders; and rights relating to the creditors' meeting shall be exercised by the Asset-Backed Security holders or the Supervisory Institution.
Article 98
After the liquidators have paid off all debts in accordance with the asset securitization plan, the remaining Assets shall be distributed to the shareholders. Article 330 of the Company Act shall not be applicable.
Article 99
Upon completion of the liquidation, the liquidator shall report the result to the competent authority within fifteen (15) days after being recognized by the shareholders.
Article 100
The provisions of Sections 10 and 11 of Chapter 5 of the Company Act shall not apply to the SPC.
Article 101
Articles 11 to 12, Article 15, Article 17, Article 19, Article 22, Articles 38 to 41, and Article 42, paragraph 2 hereof shall apply mutatis mutandis to the SPC.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)