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Chapter 2 Qualification Requirements
Section 1 Qualifications of Membership Representative Candidate
Article 3
A membership representative candidate shall meet the following criteria:
1. Having at least two years of membership, unless the credit cooperative has undergone reorganization and the exception is approved by the central competent authority;
2. Having graduated from a junior high school or higher, or having held the position of membership representative at the cooperative;
3. The amount of share capital subscribed in the past year was maintained above the level of NT$30,000 or the net deposit less deposit-pledged loans at the cooperative maintained a daily balance of at least NT$50,000 in the past year; and
4. Meeting the criteria set forth in the articles of incorporation.
Article 4
Any person having any of the following situations may not register as a membership representative candidate:
1.Having no legal capacity or limited legal capacity, or is subject to the order of commencement of assistance that has not been revoked yet.
2.Having been sentenced to imprisonment for counterfeiting currency or valuable securities, embezzlement, fraud, breach of trust, corruption, usury, or a crime under the Organized Crime Prevention Act, and the sentence has not been completed or five (5) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
3.Having been sentenced to imprisonment for forging instruments or seals, impairing the rights of creditors or violating the Company Act or Business Entity Accounting Act, and the sentence has not been completed or five (5) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
4.Having been sentenced to imprisonment for violating the Act, Banking Act, Financial Holding Company Act, Trust Enterprise Act, Act Governing Bills Finance Business, Financial Assets Securitization Act, Real Estate Securitization Act, Insurance Act, Securities and Exchange Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Foreign Exchange Control Act, Agricultural Finance Act, or Money Laundering Control Act, and the sentence has not been completed or five (5) years have not elapsed since the date of sentence completion, the expiration of probation period or the pardon of such punishment.
5.Having been sentenced to imprisonment for a crime other than those provided in Subparagraph 2 hereof to the preceding subparagraph, and the enforcement of sentence has not commenced or the sentence has not yet been completed; however, the preceding provision does not apply to situations where a probation has been pronounced or the punishment of imprisonment may be computed to a fine and the fine is paid in full.
6.Having received a court judgment of rehabilitative disposition or been ordered by a court to enter a reformatory or been ordered to perform compulsory labor due to the offense of larceny or receiving stolen property, and the enforcement of court judgment or order has not commenced or has not been completed or five (5) years have not elapsed since the completion of enforcement.
7.Having been discharged, dismissed, or removed from office by the competent authority or a credit cooperative for violating the Act, Banking Act, Financial Holding Company Act, Trust Enterprise Act, Act Governing Bills Finance Business, Financial Assets Securitization Act, Real Estate Securitization Act, Cooperatives Act, Insurance Act, Securities and Exchange Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Agricultural Finance Act, Farmers’ Association Act, Fishermen’s Association Act, or other laws regulating financial activity, or articles of the cooperative, and five (5) years have not elapsed since the receipt of such a disposition.
8.Having been adjudicated bankrupt, and rights and privileges have not been reinstated.
9.Having been the responsible person of a legal entity at the time such legal entity was adjudicated bankrupt and five (5) years have not elapsed since the closure of the bankruptcy or the terms of bankruptcy settlement have not yet been fulfilled.
10.Having been denied service by the bills clearing house and the denial status has yet to be removed.
11.Having a record in the past three years of principal or interest payment for a loan being overdue by three months or longer; or having a record in the past three years of not paying off guarantee obligation in three months or longer after being so notified by a financial institution.
12.Having the membership of other credit cooperative(s) in the same business area. When a non-profit juristic person is elected as a membership representative, Subparagraph 2 of the foregoing article and the preceding paragraph shall apply to the individual designated by it to exercise its duties.
Article 5
The membership representative of a credit cooperative shall not serve concurrently as its director, supervisor or employee.