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

Print Time:2024/11/22 08:18
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Chapter Law Content

Title: Land Administration Agent Act CH
Category: Ministry of the Interior(內政部)
Chapter 4 Guild
Article 30
The jurisdiction of Land Administration Agent Guild should correspond to the current administration jurisdiction. Land Administration Agent Guilds include Municipality Guilds, County (City) Guilds, and the National Association of Land Administration Guilds.
Only one Land Administration Agent Guild of the same level is allowed to be established in the same jurisdiction. However, the names of two or more guilds of the same level shall not be the same.
Article 31
A Land Administration Agent Guild shall be established in a Municipality or a County (City) once the number of registered Land Administration Agents exceeds 15. If the number of registered Land Administration Agents is less than 15, they could join a Guild in the neighboring jurisdiction or jointly organize a Guild with agents in the neighboring jurisdiction.
Article 32
The National Association of Land Administration Agent Guilds can be established only when Land Administration Agent Guilds in over a half of the Municipalities and Counties (Cities) have been established, unless the permission to establish the National Association of Land Administration Agent Guilds is granted from the competent central authority.
Article 33
A Land Administration Agent who has completed registration can not practice without joining the Land administration Agent Guild in a Municipality or a County (City).
A Land Administration Agent Guild can not refuse a Land Administration Agent’s application to join the guild.
For a Land Administration Agent whose application to join the local Land Administration Agent Guild is refused, is deemed to have become a member of the Guild once the qualification of membership has been approved by the competent authority for civilian organizations.
The provision of Item I in this Article does not apply to Land Administration Agents between the period from this Act coming into effect until the establishment of Land Administration Agent Guild in a Municipality or a County (City).
Article 34
A Land Administration Agent shall pay a membership fee when joining a Land Administration Agent Guild. The Guild shall appropriate no less than 10 percent of the membership fee to the National Association of Land Administration Agent Guilds as a research and development fund of land administration. The National Association of Land Administration Agent Guilds shall set up a Management Committee responsible for management of the fund. Interest of the fund and other income derived from the fund shall be used for research and development in relation to the matters of land administration.
Regulations for the organization of Management Committee and disposal of the fund shall be instituted by the National Association of Land Administration Agent Guilds and reported to the competent central authority for future reference.
Article 35
All levels of Land Administration Agent Guilds shall apply for registration, with the charter of a Guild, a List of Agent Members and a List of Staff, to the competent authority for civilian associations and report the registration to the local competent authority for future reference.
The National Association of Land Administration Agent Guilds shall institute an ethical code of practice for Land administration Agents, which shall be sent to the convention of representative members for approval and then submitted to the competent central authority for future reference.
Article 36
A Land Administration Agent Guild should comprise the Board of Directors and the Board of Supervisors. The Directors and Supervisors in Boards shall be elected by members’ convention (convention of representative members). The number of Directors and Supervisors is based upon rules as follows:.
1.Board of Directors of the Land Administration Agent Guild in a County (City) level shall not consist of more than 15 persons.
2.Board of Directors of the Land Administration Agent Guild in a Municipal level shall not consist of more than 25 persons.
3.Board of Directors of the National Association of Land Administration Agent Guilds shall not consist of more than 35 persons.
4.Number of Board of Supervisors in all levels of Land Administration Agent Guilds shall not exceed one thirds of the number of Board of Directors in that respective Guild.
5.All levels of Land Administration Agent Guilds shall set up a list of alternate Directors and Supervisors. The number of alternate Directors and Supervisors shall not exceed one thirds of the total number of the respective number of Directors and Supervisors in that Guild.
In the case that the number of Directors and Supervisors, as stated in the Clauses I to V of the previous Item, exceeds three, no more than one thirds of Directors and Supervisor could, through election among them, become Managing Directors and Managing Supervisors. One of the Managing Directors can, through election among them, serve as the Chairman of the Board of Directors. In the case that Managing Director is not set up, the Chairman of the Board of Directors could be produced from election among Directors. One of Managing Supervisors shall act as the Convener of Supervisors when the total number of Managing Supervisors exceeds three.
Directors and Supervisors shall serve a term of three years for the posts, and could be re-elected subject to the number of re-elected members does not exceed a half of the total number in the Boards of Directors and Supervisors. The Chairman of the Board of Directors can only serve no more than two consecutive terms.
Article 37
The chart of Land Administration Agent Guild shall specify the following matters:
1.Name and address of the Guild and its servicing area.
2.Objective, organization and task for the Guild.
3.Registration and withdrawal of memberships.
4.Rights and obligations of members.
5.The number, authority, office term, re-election and resignation in respective of Directors, Supervisors, Alternate Directors, and Alternate Supervisors.
6.Regulations concerning members’ convention (convention of representative members), Board of Director’s meeting, Board of Supervisors’ meeting.
7.Covenant of members.
8.Rules of conduct.
9.Expenditure and accounting.
10.Procedures for amendment of articles.
11.Other matters related to operation of a Land Administration Agent Guild.
Article 38
All levels of Land Administration Agent Guilds shall hold members’ convention (convention of representative members) once a year, and shall hold a provisional meeting if necessary.
In the case that total number of members in a Guild exceeds 300, representative members can be elected and conventions of representative members held in accordance with the chart of the Guild. In such a case, the Land Administration Agent Guild shall divide its jurisdiction into smaller districts and the number of representative members should be in proportion to the number of members in individual districts.
Article 39
All levels of Land Administration Agent Guilds shall notify the competent authority and the competent authority for civilian associations in the local jurisdiction in regards date, time, venue and agenda for conventions held for members and representative members, and (joint) meetings for the Board of Directors, the Board of Supervisors, and the Board of Directors and Supervisors.
The competent authority and the competent authority for civilian associations in the residence could send officials to sit in on the meeting.
Article 40
All levels of Land Administration Agent Guilds shall submit the following matters to the respective competent authorities and the competent authority for civilian associations:
1.Register of members, and registration and withdrawal of memberships.
2.The details in respect of elections of Directors, Supervisors, Alternate Directors, Alternate Supervisors, and the lists of the electeds.
3.The minutes of members’ convention (convention of representative members), of meetings for the Board of Directors, of meetings for the Board of Supervisors, and joint meetings for the Boards of Directors and Supervisors.
Article 41
In the case that any Land Administration Agent Guild violates laws or chart, or acts against the public interest, or neglect the operation of the Guild, the competent authority for civilian associations could take the following actions as punishments:
1.Issue a warning.
2.Canceling the resolutions.
3.Cease part or all of business.
4.Replace the Directors, Supervisors or staff.
5.Order to re-organize the Guild within a certain period.
6.Dissolve the Guild.
The provisions of Clauses I to III of the previous Item can also be executed by the competent authority in the local jurisdiction.
A Land administration Agent Guild which is dissolved in accordance with the provisions of Clauses VI of Item I shall be re-established shortly.
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