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Chapter Law Content

Chapter III Organization and Personnel
Article 16
The protection institution shall formulate rules governing organization, staffing, and job titles for its internal units. The organizational rules and any amendments thereto shall be submitted to the FSC for review and recordation.
Article 17
The protection institution shall formulate human resource management rules with regard to hiring, compensation, employee performance, incentives and reprimands, training, retirement, advanced study, severance, and retirement pensions. The human resource management rules and any amendments thereto shall be submitted to the FSC for approval and recordation.
The protection institution may make no additional payments to personnel under categories other than those listed in the human resource management rules formulated pursuant to the preceding paragraph.
Article 18
Under any of the circumstances set out in Article 30 of the Company Act, Articles 53 and 54 of the Securities and Exchange Act, Article 28 of the Futures Trading Act, or Article 68 of the Securities Investment Trust and Consulting Act, the person in question may not serve as a director, supervisor, manager, or employee of the protection institution, and shall be dismissed in the event they already hold such a position.
Article 19
In addition to compliance with the previous article, directors and supervisors of the protection institution appointed by the competent authority in accordance with Article 11 of the Act who are not contributor's representatives shall possess one of the following qualifications:
1. A combined total of not less than five years of experience in securities, futures, or financial institutions, and having held a managerial sales position in a securities, futures, or financial institution.
2. A combined total of not less than five years of experience in administrative management in securities, futures, or finance, and having held a position equal to or higher than an intermediate civil service rank.
3. Be a judge, prosecutor, attorney, or CPA with not less than five years experience in business, law, or financial operations, or a lecturer in a related department at a public or private tertiary educational institution.
Article 20
In addition to compliance with Article 18, managers of the protection institution shall possess one of the following qualifications:
1. A combined total of not less than three years of experience in securities, futures, or financial institutions, and having held a managerial sales position in a securities, futures, or financial institution.
2. A combined total of not less than five years of experience in administrative management work in securities, futures, or finance, and having held a position of deputy manager in a securities, futures, or financial institution.
3. A combined total of not less than three years of experience in administrative management work in securities, futures, or finance, and having held a position equal to or higher than an intermediate civil service rank.
4. Be a judge, prosecutor, attorney, or CPA with not less than three years experience in business, law, or financial operations, or a lecturer in a related department at a public or private tertiary educational institution.
Article 21
Within one month of assuming their posts, the directors, supervisors, and managers of the protection institution shall report to the protection institution the types and amounts of their holdings of publicly-issued companies and non-publicly-issued stock in securities firms and futures commission merchants.
The holders of stock referred to in the preceding paragraph shall report to the protection institution, prior to the end of January each year, on their shareholdings as of the end of the previous year.
Holdings of stock by persons referred to in paragraph 1 include holdings by their spouses and minor children as well holdings under any other person's name.
The information reported pursuant to paragraphs 1 and 2 may be inspected at any time by the FSC.
Article 22
Managers and employees at the protection institution shall hold their positions on a full-time basis, and may not in any manner concurrently hold a position at a listed, OTC-listed, or emerging stock company, a securities firm, or a futures commission merchant, or hold any position or titular position at any other enterprise concurrently engaged in securities or futures operations.
Article 23
When a manager or employee of the protection institution delays or fails in the execution of required tasks, the protection institution shall dismiss them or take appropriate disciplinary action.
Article 24
In the course of carrying out their duties, directors, supervisors, managers, or employees of the protection institution shall recuse themselves from participation in any matter with a bearing on their personal interests.
Article 25
Directors, supervisors, managers, and employees of the protection institution may not engage in any of the following acts:
1. Using information gained through their position at the protection institution to directly or indirectly engage in securities or futures trading.
2. Disclosing a secret they have learned through their position at the protection institution in response to any inquiry other than those duly made in accordance with acts and regulations.
3. Engaging in borrowing or lending of funds or securities with anyone in a sales-related position.
4. Accepting or agreeing to accept improper benefits in connection with the performance of their duties, or in violation of their duties.
5. Any other conduct in violation of securities or futures acts or regulations, securities investment trust and consulting acts or regulations,or conduct not complying with prohibitions or requirements of FSC regulations.